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Patna High Court

Shambhu SahaniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted to the petitioner as the court was not inclined to do so on the material before it.

Summary

The petitioner, Shambhu Sahani, was arrested in connection with a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, relating to the death of a person whose body was recovered after being taken by three accused. While two co‑accused were granted bail by a coordinate bench, the petitioner remained in custody since 27‑03‑2025. The petitioner applied for bail before the Patna High Court. The court examined the material on record and, considering the seriousness of the alleged offences and the fact that the deceased's uncle had specifically named the petitioner, found no sufficient ground to release him on bail. Consequently, the bail application was dismissed. The order was delivered by Justice Sandeep Kumar on 24‑03‑2026.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • Bharatiya Nyaya Sanhita
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76120 of 2025
                  Arising Out of PS. Case No.-8 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Shambhu Sahani S/o- Late Modi Sahani R/v- Jaukatiya Ps- Majhaulia Dist-
                 West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Sharad Kumar Verma, Advocate
                 For the State           :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Majhaulia P.S. Case No. 08 of 2025 registered for the offence

                   punishable under Sections 103(1) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                 3. Initially, three persons i.e., Prabhu Chaudhary,

                   Nand Kishore Sahani and the petitioner had taken the deceased

                   and subsequently, the dead body was recovered. The uncle of

                   the deceased has named this petitioner only and therefore, the

                   other two co-accused have been granted bail by a co-ordinate

                   Bench of this Court.

                                 4. The petitioner is in custody since 27.03.2025.

                                 5. Considering the materials available on record, I am
           Patna High Court CR. MISC. No.76120 of 2025(4) dt.24-03-2026
                                                       2/2




                     not inclined to grant bail to the petitioner.

                                  6. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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