Patna High Court
Dasarath SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
Dasarath Sah applied for regular bail in a case (S.Tr. No.595 of 2025) involving charges under Sections 103(1), 109 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act, 1959. The earlier bail application had been rejected, but the court had allowed a fresh application after the charge was framed on 25 July 2025. At the time of hearing, four of nine prosecution witnesses had been examined and the trial was ongoing. The petitioner asserted a clean antecedent and willingness to comply with any conditions, while the informant and the State opposed bail, citing the seriousness of the alleged brutal murder and the progress of the trial. The court, considering the circumstances and the petitioner’s clean record, granted bail on a bond of Rs 30,000 with conditions under Section 480(3) of the BNSS, 2023, including a family bailor, regular court appearances, and monthly police attendance.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner given the seriousness of the charges and the stage of trial?
- Do the conditions imposed under Section 480(3) of the BNSS, 2023 satisfy the requirements for bail in this case?
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 109, 2(1), 3(5), 480(3)
Subjects
- regular bail
- bail conditions
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- criminal trial
- clean antecedent
- murder case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74897 of 2025
Arising Out of PS. Case No.-833 Year-2024 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Dasarath Sah S/o- Late Ramdeo Sah Village- Patahi Hari PS- Sadar District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Preety Kunwar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with
S.Tr. No.595 of 2025 arising out of Muzaffarpur Sadar P.S. Case
No.833 of 2024 lodged under Sections 103(1), 109 & 3(5) of the
B.N.S., 2023 read with section 27 of the Arms Act, 1959.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner had earlier been rejected vide
order dated 03.06.2025 passed in Cr. Misc. No.34320 of 2025 in
which liberty was granted to him to renew his prayer for bail
after framing of charge.
4. Learned counsel for the petitioner further submits
that the charge has already been framed in this case on
Patna High Court CR. MISC. No.74897 of 2025(4) dt.09-02-2026
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25.07.2025 and examination of prosecution witness is going on.
He further submits that out of 9 witnesses, 4 witnesses have
been examined. He further submits that the petitioner was an
order giver and another order giver has been granted bail by the
Co-ordinate Bench of this Court vide order dated 15.01.2026
passed in Cr. Misc. No.880 of 2026.
5. Counsel for the petitioner submits that petitioner’s
antecedent is clean and he is ready to fulfill all the condition
whatsoever shall be imposed upon him.
6. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that examination of total
6 witnesses is going on and after every 15 days, the case has
been posted for prosecution witnesses and there is every
likelihood that trial shall be concluded within 3 months.
7. Counsel further submits that one of the co-accused
has been granted bail only on the ground that she is a female. He
further submits that it is a case of brutal murder of 2 persons.
8. Learned counsel for the State opposes the prayer
for bail and submits that charge has already been framed in this
case and examination of the prosecution witnesses is going on.
9. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
Patna High Court CR. MISC. No.74897 of 2025(4) dt.09-02-2026
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named, be granted bail on furnishing bail bonds of Rs. 30,000/-
(Rupees Thirty Thousand Only) as mentioned in Section 2(1)
(d) of the BNSS, 2023 to the satisfaction of Addl. Sessions
Judge, Muzaffarpur or Successor Court in connection with S.Tr.
No.595 of 2025 arising out of Muzaffarpur Sadar P.S. Case
No.833 of 2024, subject to the following conditions as laid
down under Section 480(3) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 with the following conditions:-
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark attendance.
(Dr. Anshuman, J)
Prakashmani/-
U T
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