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Patna High Court

Bhuwali SahaniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                 ======================================================
           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
                                                       2/2




                     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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