Patna High Court
Shambhu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
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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