Patna High Court
Arvind SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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