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Patna High Court

Sohan Shah @ Sohan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to strict conditions.

Summary

Petitioner Sohan Shah, husband of the deceased, was arrested on 6 June 2025 in connection with a dowry‑death case (Sinha PS Case No. 52 of 2025) under Sections 80 and 3(5) of the Bihar Narcotic (or related) Act, 2023. He contended that the FIR was fabricated, that the victim had actually committed suicide, and that he has a clean antecedent. The State opposed bail, relying on a chargesheet filed under Section 108 of the same Act. The Court examined the material, noted the chargesheet, and considered the petitioner's claim of innocence and lack of prior convictions. It ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for antecedent verification.

Issues considered

  • Whether bail should be granted to the accused in a dowry‑death case under Sections 80, 3(5) and 108 of the B.N.S., 2023.
  • Whether the claim of suicide and alleged fabrication of the FIR affect the bail decision.
  • Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offence.

Legislation cited

Subjects

  • dowry death
  • bail
  • Section 80
  • Section 3(5)
  • Section 108
  • suicide
  • fabricated FIR
  • criminal antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82067 of 2025
                          Arising Out of PS. Case No.-52 Year-2025 Thana- Sinha District- Bhojpur
                 ======================================================
                 Sohan Shah @ Sohan Sah Son of Mahesh Sah @ Mahesh Shah Resident of
                 Village- Porhan (Porha), P.S.- Sinha, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Diwakar, Advocate
                 For the State             :        Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   31-01-2026                          Heard Mr. Diwakar, learned counsel for the

                   petitioner and Mr. Ram Priya Sharan Singh, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   06.06.2025, in connection with Sinha P.S. Case No. 52 of 2025,

                   F.I.R. dated 05.06.2025 registered for the offences punishable

                   under Sections 80 and 3(5) of the B.N.S, 2023.

                                 3. Petitioner is the husband of the victim. Allegation

                   against the petitioner is of committing torture and caused death

                   due to non-fulfillment of demand of dowry.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent 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
Patna High Court CR. MISC. No.82067 of 2025(3) dt.31-01-2026
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          petitioner has not committed any offence as alleged in the F.I.R.

          In fact, the victim has committed suicide herself and the police

          has found that she has committed suicide and chargesheet has

          been submitted against the petitioner under Section 108 of

          B.N.S. and the petitioner is in custody since 06.06.2025.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the police has submitted chargesheet under

          Section 108 of B.N.S., 2023 against the petitioner, 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 Judicial

          Magistrate 1st Class, Bhojpur at Ara in connection with Sinha

          P.S. Case No. 52 of 2025, 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

          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
               Patna High Court CR. MISC. No.82067 of 2025(3) dt.31-01-2026
                                                           3/3




                         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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