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Patna High Court

Vikash SahversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail could not be granted as the allegations were direct, specific and supported by medical evidence.

Summary

Vikash Sah was arrested on 4 April 2025 in connection with a murder case (PS Parsauni Case No 48 of 2025) under Sections 103, 80, 238 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution alleges that he conspired with 8‑10 unknown persons to murder a woman and burn the body to destroy evidence. The petitioner pleaded that he has a clean record, was falsely implicated and therefore sought bail. The State opposed, contending that the FIR contains direct, specific allegations backed by witness testimony and medical evidence. The court examined the material and, noting the seriousness of the charges and the supporting evidence, refused to grant bail. Consequently, the petition for bail was dismissed.

Issues considered

  • Whether the petitioner is entitled to bail in a murder and related offences case under the Bharatiya Nyay Sanhita, 2023 given the presence of direct allegations and medical evidence.

Legislation cited

Subjects

  • bail
  • murder
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • medical evidence
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85839 of 2025
                      Arising Out of PS. Case No.-48 Year-2025 Thana- PARSAUNI District- Sitamarhi
                 ======================================================
                 Vikash Sah S/o Shivdhari Sah Resident of Village- Parshurampur, ward no. 5,
                 P.S.- Parsauni @ Parsoni, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   25-03-2026                     Heard Mr. Santosh Kumar, learned counsel for the

                   petitioner and Mr. Ahmad Ali, learned A.P.P. for the State.

                                   2. The petitioner seeks bail, who is in custody since

                   04.04.2025 in connection with Parsauni P.S. Case No. 48 of

                   2025, FIR dated 03.04.2025 registered for the offence under

                   Section 103, 80, 238, 3(5) of the Bharatiya Nyay Sanhita, 2023.

                                   3. Accordingly to prosecution case, the informant

                   alleged that the petitioner in connivance with 8-10 unknown

                   miscreants murdered her daughter and burnt the dead body of

                   the deceased to destroy the evidence.

                                   4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent and he has

                   falsely been implicated in this 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.85839 of 2025(5) dt.25-03-2026
                                                        2/2




                      petitioner has not committed any offences as alleged in the F.I.R

                      and the petitioner is rotting in judicial custody since 04.04.2025.

                                      5. Learned A.P.P. for the State, on the other hand,

                      have vehemently opposed the prayer for bail of the petitioner

                      and submits that there is direct and specific allegation against

                      the petitioner in the FIR supported by witnesses as well as

                      medical evidence.

                                      6. Considering the facts and circumstances of the

                      case that there is direct and specific allegation against the

                      petitioner in the FIR supported by medical evidence, I am not

                      inclined to enlarge the petitioner on bail in connection with

                      Judicial Magistrate 1st Class, Sitamarhi pending in the Court of

                      Parsauni P.S. Case No. 48 of 2025.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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