Patna High Court
Dinesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Dinesh Sah, was charged under Sections 302 and 201 of the IPC for the murder of the informant's son, whose body was found near a railway track. The prosecution alleged a love affair between the deceased and the petitioner's daughter and presented witness statements and mobile call detail records placing the petitioner near the crime scene. The petitioner contended he was falsely implicated, had no incriminating material against him, and possessed no prior criminal record. The court noted the allegations were vague and remote, considered the charge sheet and the petitioner's custody period, and found insufficient grounds to deny bail. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS, including attendance in court and a relative as a bailor.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302 and 201 IPC given the alleged motive and evidence presented.
Legislation cited
- Indian Penal Code — s. 201, 302
Subjects
- bail
- murder
- IPC 302
- IPC 201
- love affair motive
- call detail records
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83704 of 2025
Arising Out of PS. Case No.-55 Year-2024 Thana- MOTIPUR District- Muzaffarpur
======================================================
Dinesh Sah S/o- Baiju Sah R/v- Malikana Bagahi Ps- Motipur Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sagar Kumar, Adv.
For the State : Mr.Zainul Abedin, APP
For the Informant : Ms. Preety Kunwar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sessions Trial No. 871 of 2025 arising out of
Motipur P.S. Case No. 55 of 2024, registered for the offences
under Sections 302, 201 of the IPC.
3. As per the prosecution case, dead body of the son
of the informant was found near a railway track. The name of
the petitioner transpired during investigation for being involved
in the murder of the son of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. The petitioner is not named in the
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FIR and nothing incriminating has been recovered from his
person or possession. In course of investigation, the brother of
the deceased stated that in the night of 26.02.2024 some
unknown persons took away the deceased in a vehicle and the
brother of the deceased raised suspicion that his brother was
killed due to lover affair. Learned counsel for the petitioner
submits that suddenly the father of the deceased came up with a
story that petitioner and other coaccused persons under a
conspiracy killed the son and put the dead body on railway track
and thus the dead body was cut into two pieces by the running
train. Further allegation was made that there was love affair
between the deceased and the daughter of the informant.
Learned counsel further submits that except for suspicion there
is no material against the petitioner. The petitioner is in custody
since 30.05.2025 and charge sheet has been submitted. The
petitioner has no criminal antecedent.
5. Learned APP appearing for the State and learned
counsel for the informant vehemently oppose the submission
made on behalf of the petitioner. Learned counsel for the
informant submits that the witnesses have stated about love
affair between the daughter of the petitioner and son of the
informant. A call detail report of the mobile phone of the
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petitioner and other coaccused persons show their tower
location near the place of occurrence and they were in
continuous contact.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague and remote nature of allegation against the petitioner and
also considering the submission of charge sheet against him and
his period of custody, the petitioner is directed to be released on
bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge-XVI,
Muzaffarpur/concerned court, in connection with Sessions Trial
No. 871 of 2025 arising out of Motipur P.S. Case No. 55 of
2024, subject to the condition laid down under Section 480(3) of
the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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