Patna High Court
Sohan Shah @ Sohan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 108, 3(5), 80
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
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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
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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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