Patna High Court
Bhagya Narayan Sah @ Bhag Narayan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Bhagya Narayan Sah, sought anticipatory bail after being implicated in a murder case (PS Case No. 72 of 2025) where his daughter-in-law was allegedly killed. The prosecution alleged that the petitioner, along with others, participated in cruelty and the eventual homicide, charging him under Sections 115(2), 126(2), 103(1), 85 and 3(5) of the B.N.S. The petitioner argued that he is merely the father‑in‑law, has no involvement in the family dispute, and maintains a clean record. The State opposed the bail, contending the allegations were serious. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within eight weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with Section 482 of the B.N.S.S., 2023. The order was made subject to the satisfaction of the learned ACJM, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under Sections 115(2), 126(2), 103(1), 85 and 3(5) of the B.N.S.
- Whether the conditions imposed under Section 482 of the B.N.S.S., 2023 are appropriate for granting bail
Legislation cited
- B.N.S. — s. 103(1), 115(2), 126(2), 3(5), 85
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- Section 438
- Section 482
- murder
- cruelty
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80640 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- PIYAR District- Muzaffarpur
======================================================
Bhagya Narayan Sah @ Bhag Narayan Sah Son of Late Gonu Sah @ Golu
Sah Resident of Village- Govindpur Chapra, P. S.- Piyar, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Jha
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 27-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 115(2), 126(2), 103(1),
85, 3(5) of the B.N.S.
3. As per prosecution case, daughter of informant was
married to co-accused Raghuvir Sah 10 years ago and out of the
wedlock, two children were born. It is alleged that after the
marriage, daughter of informant was subjected to cruelty and
harassment by all the accused persons, including petitioner, and
lastly on 21.05.2025, she was killed by accused persons.
4. Petitioner is father-in-law of the deceased. There is
general and omnibus allegation. Thrust of the accusation is
against husband of the deceased, who is already in custody.
Patna High Court CR. MISC. No.80640 of 2025(4) dt.27-02-2026
2/2
Petitioner is separate in mess and property and has got no
concern with the family affairs of deceased and her husband.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of petitioner.
6. However, considering the aforesaid facts and
circumstances, let the above named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M., Muzaffarpur in connection
with Piyar P.S. Case No. 72 of 2025, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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