Created by Fuzzy Cloud

Patna High Court

Shambhu SahaniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was rejected.

Summary

The petitioners, Shambhu Sahani and his wife Savitri Devi, who are in‑laws of a deceased woman, applied for regular bail in a case registered under Sections 80 and 238 of the Bharatiya Nyaya Sanhita, 2023, alleging murder and disposal of the body. They have been in custody since August and September 2025 respectively and claim they are not directly involved, asserting that the husband of the deceased has confessed to the killing. The State and the informant opposed bail, noting that the trial has already commenced and one witness has been examined, with the prosecution alleging that the accused disposed of the body in a river tied to heavy stones. Considering the seriousness of the offence, the commencement of trial, and the prima facie evidence, the Court declined to grant regular bail. The application was rejected, with the Court indicating that the petitioners may renew the bail prayer if the trial is delayed by the prosecution.

Issues considered

  • Whether regular bail can be granted to accused persons in a murder and body‑disposal case when the trial has already begun and prima facie evidence exists.

Legislation cited

Subjects

  • regular bail
  • murder
  • concealment of body
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • trial commencement
  • prima facie evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81474 of 2025
                 Arising Out of PS. Case No.-133 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
           1.     Shambhu Sahani Son of Late Bambahadur Sahani R/o Vill.- Dipau Pakari,
                  P.S.- Mohammadpur, Gopalganj, Bihar
           2.    Savitri Devi Wife of Shambhu Sahani R/o Vill.- Dipau Pakari, P.S.-
                 Mohammadpur, Gopalganj, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Raju Giri, Sr. Advocate
                                                Mr. Ranjan Kumar Srivastava
                 For the Opposite Party/s :     Mr. Brajendra Nath Pandey
                 For the Informant        :     Mr. Rajesh Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-04-2026                   Heard Mr. Raju Giri, the learned Senior Counsel for

                   the petitioners, the learned APP for the State, and Mr. Rajesh

                   Ranjan, the learned counsel for the informant.

                                 2. The petitioners seek regular bail in connection with

                   Mohammadpur P.S. Case No. 133 of 2025 registered for the

                   offence under Sections 80 and 238 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                 3. The petitioners are the in-laws of the deceased. The

                   allegation against the petitioners and the husband of the

                   deceased is of killing the deceased and making the dead body

                   disappear.

                                 4. It has been submitted by the learned Senior Counsel
Patna High Court CR. MISC. No.81474 of 2025(4) dt.06-04-2026
                                            2/3




          appearing for the petitioner that the allegation against the

          petitioners is general and omnibus in nature and the petitioners

          are in custody since 24.08.2025 and 01.09.2025 respectively. It

          is further submitted that the petitioners are not directly involved

          in the crime and the husband of the deceased has confessed

          guilt and has stated that he has killed his wife.

                       5. Learned A.P.P. for the State and the learned counsel

          for the informant have vehemently opposed the prayer for bail.

          The learned counsel for the informant submits that the trial has

          started and out of five witnesses, one witness has already been

          examined. He further submits that the accused persons killed the

          deceased and thereafter threw the body in the river tied with big

          and heavy stones so that the body could not surface.

          Subsequently, the body was recovered.

                       6. Considering the allegations and the fact that the

          trial has started, this Court is not inclined to grant regular bail to

          the petitioners.

                       7. Accordingly, this application for regular bail stands

          rejected. If the trial is delayed by the prosecution, the petitioners

          may renew their prayer for bail.

                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
            Patna High Court CR. MISC. No.81474 of 2025(4) dt.06-04-2026
                                                        3/3




                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

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.