Patna High Court
Vijay Sah @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Vijay Sah, was arrested in connection with a case alleging the murder of an informant’s sister over a dowry demand for a motorcycle. He contended that the FIR was false, that he was implicated merely as the husband of the deceased, and highlighted a two‑day delay in filing the FIR. The prosecution opposed bail, while the petitioner pointed to his clean antecedent and that similarly situated co‑accused had already been granted bail by other benches. The court noted the investigation’s suggestion that the deceased may have committed suicide and considered the petitioner’s clean record and the precedent of bail to co‑accused. Consequently, the court granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was directed to be implemented by the Judicial Magistrate, 1st Class (West), Muzaffarpur.
Issues considered
- Whether bail should be granted to the petitioner under Sections 80 and 3(5) of the B.N.S. given the allegations of murder and dowry demand
- Whether the delay in filing the FIR and the claim of suicide affect the bail decision
- Whether the petitioner’s clean antecedent and the bail granted to co‑accused warrant bail
Legislation cited
- B.N.S. — s. 3(5), 80
Subjects
- bail
- dowry death
- false FIR
- criminal antecedent
- Section 80
- Section 3(5)
- B.N.S.
- suicide
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77157 of 2025
Arising Out of PS. Case No.-85 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
Vijay Sah @ Vijay Kumar Son of Sikindra Sah @ Sikandar Sah Resident of
Village-Repura Rampur Vishwanath, P.S.- Jaitpur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bela Singh
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mrs. Bela Singh, learned counsel for the
petitioner and Mr. Manoj Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
21.06.2025 in connection with Jaitpur P.S. Case No. 85 of 2025,
F.I.R. dated 05.06.2025 for the offences punishable under
Sections 80, 3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have killed the informant’s
sister due to non-fulfillment of demand of one Bullet
Motorcycle as dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and the allegation as alleged in
Patna High Court CR. MISC. No.77157 of 2025(3) dt.21-01-2026
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the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. and the petitioner
has been made accused in the present case merely on the ground
that he is husband of the deceased. It appears from the F.I.R.
that the date of marriage is 29.11.2019 and date of occurrence
as mentioned in the F.I.R. is 03.06.2025 but the present F.I.R.
has been instituted on 05.06.2025 after delay of two days
without giving any explanation of delay. Similarly situated co-
accused persons, namely, Pratibha Devi and Shanti Devi have
been granted regular bail by a coordinate Bench of this Hon’ble
Court vide order dated 19.08.2025 passed in Cr. Misc. No.56605
of 2025 and co-accused Sikandra Sah has been granted bail by a
coordinate Bench of this Court vide order dated 19.09.2025
passed in Cr. Misc. No. 66229/2025 and it has come during
investigation that the deceased has committed suicide herself
and the police after investigation, submitted chargesheet against
the petitioner and the petitioner is in custody since 21.06.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and similarly situated co-accused
persons have been granted regular bail by different Coordinate
Patna High Court CR. MISC. No.77157 of 2025(3) dt.21-01-2026
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Benches of this Hon’ble Court, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class (West),
Court No.7, Muzaffarpur in connection with Jaitpur P.S. Case
No. 85 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
court and shall remain physically present as directed by the
court and on her absence on two consecutive dates without
sufficient reason, his/her bail bond shall be cancelled by the
Court below.
ii. If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty
to move for cancellation of bail.
iii. And further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
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verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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