Patna High Court
Shambhu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 238, 80
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
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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
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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
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