Patna High Court
Sukhdev BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted on the condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Sukhdev Bhagat, was arrested in connection with a murder case under section 103(1) of the Bharatiya Nyaya Sanhita. He claimed innocence, arguing that the only incriminating evidence—a locket—was purchased by him and that the deceased's husband did not name him in trial. The investigation was complete and a charge‑sheet had already been filed. The petitioner, aged 53, had no prior criminal record and had been in judicial custody since 5 July 2025. The State opposed bail, but the court considered the completed investigation, lack of substantive evidence, and the petitioner’s clean record, and ordered bail on a bond of Rs.10,000 with two sureties. The order effectively released the petitioner pending trial.
Issues considered
- Whether bail should be granted in a murder case under section 103(1) of the Bharatiya Nyaya Sanhita when the investigation is complete and a charge‑sheet is filed.
- Whether the recovery of a locket from the petitioner’s possession constitutes sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1)
Subjects
- bail
- murder
- Bharatiya Nyaya Sanhita
- section 103(1)
- criminal procedure
- evidence
- charge-sheet
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76224 of 2025
Arising Out of PS. Case No.-247 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Sukhdev Bhagat S/o Banmari Bhagat R/o Village- Gan Ghar, P.S- Charan
Kala, P.S- Mali, Anchal- Nabinagar, Dist- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kedar Yadav
For the Opposite Party/s : Mr. Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
8 19-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Muffasil (Aurangabad) P.S. Case No.247 of 2025, dated
07.06.2025 registered for the offence punishable u/s 103(1) of
the Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioner is said to have been
involved in the murder of the wife of the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence as
alleged in the FIR. It is further submitted that the petitioner has
been implicated merely on the basis of recovery of a locket from
his possession, whereas it is his case that the said locket was
purchased by him. It is also submitted that the investigation is
Patna High Court CR. MISC. No.76224 of 2025(8) dt.19-03-2026
2/2
complete and the charge-sheet has been filed. Further, the
husband of the deceased has not named the petitioner during the
course of trial in his evidence. The petitioner is aged about 53
years, has no criminal antecedents, and has been in judicial
custody since 05.07.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the period of custody and the fact
that the investigation is complete and the charge-sheet has
already been submitted, let the above-named petitioner be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/the Successor Court, in connection with Muffasil
(Aurangabad) P.S. Case No.247 of 2025.
(Ajit Kumar, J)
shikha/-
U T
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