Patna High Court
Ajay Kumar Sah @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail may be granted to the petitioners subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Ajay Kumar Sah and Lalit Thakur, sought bail fearing arrest in a case registered under sections 126(2), 115(2), 103(1), 85 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly killing an informant's daughter over a dowry demand. They contended that they are merely a negotiator and the son of the deceased, have no involvement in the crime, and possess clean antecedents, while the husband of the deceased is already in judicial custody. The State opposed the bail application. The Court, after considering the facts, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the conditions of section 482(2) of the BNSS, 2023. The order was made to ensure their liberty while the investigation proceeds.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the BNSS.
- Whether the petitioners have any substantive involvement in the alleged dowry‑death offence.
- Whether the conditions prescribed under section 482(2) of the BNSS justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 115(2), 126(2), 3(5), 482(2), 85
Subjects
- bail
- dowry death
- over‑implication
- criminal procedure
- BNSS
- section 126
- section 115
- section 103
- section 85
- section 3
- section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80556 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- PIYAR District- Muzaffarpur
======================================================
1 . Ajay Kumar Sah @ Ajay Kumar son of Lalit Thakur Resident of Village-
Govindpur Chapra, P.S.- Piyar, Dist- Muzaffarpur
2. Lalit Thakur son of Late Janak Thakur Resident of Village- Govindpur
Chapra, P.S.- Piyar, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126 (2), 115
(2), 103(1), 85 and 3 (5) of the BNS.
3 . As per F.I.R., all the accused persons including
these petitioners killed the daughter of the informant due to
nonfulfillment of the demand of dowry .
4. It is submitted on behalf of the petitioners that
petitioner No.1 is negotiator (Aguaa) and petitioner No. 2 is son
of petitioner No. 1 of the deceased. Petitioners are separate in
mess and property and have got no concern with the affairs of
Patna High Court CR. MISC. No.80556 of 2025(3) dt.09-02-2026
2/2
the deceased and her husband. Thrust of accusation is against
husband of the deceased who is in judicial custody. Petitioners
are victims of over implication. Petitioners claim clean
antecedents.
5 . Learned counsel for the State opposed the bail
petition .
6. Considering the facts and circumstances of the
case, in the event of arrest or surrender within eight weeks from
today, let the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M., Muzaffarpur in connection with Piyar P.S. Case No.
72 of 2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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