Created by Fuzzy Cloud

Patna High Court

Arvind SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond, sureties and specific conditions.

Summary

Arvind Sah was arrested on 18 August 2024 in connection with a murder alleged under Sections 126(2), 115(2), 109 and 103(1) of the B.N.S. He sought bail, claiming he was falsely implicated and that the informant was not an eyewitness and no material evidence linked him to the crime. The State opposed bail, noting that the petitioner had another pending case. The Court examined the lack of substantive evidence, the length of custody, and the petitioner’s claim of innocence, and decided to grant bail on a cash bond of Rs.10,000 with two sureties, imposing conditions of cooperation, physical presence, non‑tampering with evidence, and verification of criminal antecedents. The bail order also provided for cancellation of the bond if the petitioner fails to appear on two consecutive dates or conceals his antecedents. The order was pronounced by Justice Rajesh Kumar Verma.

Issues considered

  • Whether bail should be granted in a case involving serious offences of murder and related charges under the B.N.S.
  • Whether the absence of eyewitness testimony and lack of material evidence justify release on bail
  • Whether the petitioner’s prior criminal record and pending cases affect the bail decision

Legislation cited

  • B.N.S. — s. 103(1), 109, 115(2), 126(2)

Subjects

  • bail
  • criminal procedure
  • murder
  • false implication
  • evidence
  • surety
  • conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81404 of 2025
                   Arising Out of PS. Case No.-360 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Arvind Sah S/O Akram Sah Resident of Village- Bhelai, P.S. Udwant Nagar,
                 District- Bhojpur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-01-2026                    Heard Mr. Ajay Kumar Singh, learned counsel for

                   the petitioner and Mr. Anant Kumar 1, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   18.08.2024, in connection with Udwant Nagar P.S. Case No.

                   360 of 2024, F.I.R. dated 17.08.2024 registered for the offences

                   punishable under Sections 126(2), 115(2), 109, 103(1) of the

                   B.N.S.

                                3. Allegation against the petitioner is that he had

                   beaten to death 70 years old father of the informant with lathi.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R. Learned counsel
Patna High Court CR. MISC. No.81404 of 2025(3) dt.27-01-2026
                                            2/3




          for the petitioner further submits that it has come during

          investigation that the informant is not an eye witness of the

          alleged occurrence and even no one has seen the occurrence and

          merely on the basis of suspicion, the petitioner has been made

          accused and except the suspicion, no other cogent material has

          come during investigation to suggest the involvment of the

          petitioner in the present occurrence. He further submits that the

          police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 18.08.2024.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries one more case

          other than the present one.

                       6. Considering the facts and circumstances of the case

          as well as period of custody, let the petitioner, above named, be

          released 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 learned C.J.M. Bhojpur at Ara in connection

          with Udwant Nagar P.S. Case No. 360 of 2024, subject to the

          following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
               Patna High Court CR. MISC. No.81404 of 2025(3) dt.27-01-2026
                                                           3/3




                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.