Patna High Court
Bhuwali SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioners.
Summary
The petitioners – Bhuwali Sahani, his wife Babita Devi and daughter Kajal Kumari – were charged with murder under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023, for allegedly killing the mother‑in‑law of an informant and dragging the corpse with a rope. The petitioners applied for bail, arguing that the informant was not an eye‑witness and had only seen them fleeing the scene, and that no specific overt act was attributed to them. The State opposed bail, contending that the petitioners were seen dragging the dead body and that the post‑mortem showed death by asphyxia due to strangulation. The Court, after weighing the seriousness of the accusation and the evidence presented, rejected the bail application and ordered the trial court to expedite the trial since the petitioners remained in custody. The decision underscores the Court’s cautious approach in granting bail in murder cases where the prosecution’s evidence appears substantial.
Issues considered
- Whether bail should be granted to the petitioners accused of murder under Sections 103(1) and 3(5) of the B.N.S., 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- Section 103(1) B.N.S. 2023
- Section 3(5) B.N.S. 2023
- asphyxia
- eye‑witness
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87928 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- Bhopatpur District- East Champaran
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1. Bhuwali Sahani S/O Late Babu Lal Sahani R/O Village-Bhopatpur Malahi
Tola, P.S-Bhopatpur, District-East Champaran.
2. Babita Devi W/O Bhuwali Sahani R/O Village-Bhopatpur Malahi Tola, P.S-
Bhopatpur, District-East Champaran.
3. Kajal Kumari D/O Bhuwali Sahani R/O Village-Bhopatpur Malahi Tola, P.S-
Bhopatpur, District-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for
offence under Sections 103(1) & 3(5) of B.N.S., 2023.
3. Allegation against petitioners is that they along
with other co-accused persons committed murder of mother-in-
law of informant and dragged the dead-body of deceased by
putting rope on hands.
4. Learned counsel for the petitioners submits that
informant is not eye-witness to the occurrence. He has only seen
these petitioners and other co-accused persons fleeing away
Patna High Court CR. MISC. No.87928 of 2025(2) dt.30-01-2026
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from the place of occurrence. There is no specific accusation of
overt act against petitioners.
5. Learned A.P.P. for the State vehemently opposes the
prayer for bail and submits that these petitioners were seen
dragging the dead-body by putting rope on hands of deceased.
As per post-mortem report, the cause of death is Asphyxia
during to strangulation.
6. Considering the nature of accusation, the prayer
for bail of petitioners is rejected. However, since petitioners are
in custody, the learned Trial Court is directed to expedite the
trial.
(Prabhat Kumar Singh, J)
anay
U T
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