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Patna High Court

Shivnath SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as there is no prima facie evidence against him and the investigation is complete.

Summary

Shivnath Sah was arrested in connection with the murder of Rahul Kumar under Sections 103(1), 3(5) and 61(2) of the BNS and has been in custody since 30‑08‑2025. The petitioner applied for bail, contending that the FIR was based solely on hearsay from an informant who was not an eye‑witness and that no incriminating material was found against him during the investigation, which is already completed and a charge‑sheet filed. He also pointed to a similar bail order granted to a co‑accused in Cr. Misc. 88940 of 2025 and argued that, having a clean antecedent, he should be released on bail. The State opposed the bail on the ground of the seriousness of the offence. The Court held that, apart from suspicion, there was no prima facie evidence linking the petitioner to the crime, the investigation was concluded, and the petitioner’s clean record warranted bail, and therefore ordered his release on bail subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail when the FIR is based only on hearsay and no prima facie evidence links him to the offence
  • Whether the completion of investigation and filing of charge‑sheet precludes the risk of tampering with evidence
  • Whether parity with a similarly situated co‑accused who was granted bail requires the petitioner’s bail

Legislation cited

Subjects

  • bail
  • suspicion
  • charge‑sheet
  • clean antecedent
  • parity
  • criminal procedure
  • BNS
  • Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88372 of 2025
                   Arising Out of PS. Case No.-140 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Shivnath Sah Son of Ramchandra Sah Resident of Village- Baligarh @
                 Baligadh, P.S.- Runnisaidpur, District- Sitamarhi.          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar S.K., Advocate
                 For the Opposite Party/s :      Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   10-02-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with

                   Mahindwara P.S. Case No. 140 of 2025, registered for the offence

                   under Sections 103(1), 3(5), 61(2) of BNS.

                                3. The accused/petitioner is named in the F.I.R. and is

                   in custody since 30.08.2025.

                                4. As per FIR, informant was informed over the phone

                   that his son, namely, Rahul Kumar has been shot dead by

                   unknown miscreants at Morang Road, P.S. Mahindwara, District-

                   Sitamarhi. Upon receiving the said information, the informant

                   alongwith his family members rushed to SKMCH, Muzaffarpur,

                   where his son was declared dead during hospitalization. The

                   informant suspected that the petitioner alongwith other co-accused

                   persons had killed his son alleging that they had earlier threatened
Patna High Court CR. MISC. No.88372 of 2025(3) dt.10-02-2026
                                            2/3




          him to face dire consequences.

                       5. Learned counsel appearing on behalf of the petitioner

          submitted that entire implication against petitioner raised on the

          basis of suspicion only and that too on the basis of hearsay input.

          Admittedly informant is not the eye-witness of the occurrence. It is

          submitted that considering the aforesaid aspect, one of the learned

          co-ordinate Bench of this Court through Cr. Misc. 88940 of 2025

          vide its order dated 08.01.2026 granted bail to one of similarly

          situated co-accused person, namely, Shankar Paswan and,

          therefore, as a matter of judicial parity, the petitioner also

          deserves bail. In this context, it is also pointed out that during

          investigation nothing transpired incriminating against petitioner

          out of suspicion as expressed by informant while lodging present

          FIR qua crime in question.              While concluding argument, it is

          submitted that investigation of this case is already completed, for

          which charge-sheet has been submitted, as such, there is no

          chance of tampering with the evidence. Petitioner claimed clean

          antecedent.

                       6. Learned APP opposed the prayer of bail.

                       7. Considering the aforesaid factual submissions and by

          taking note of fact as save and except suspicion, prima facie

          nothing      incriminating      appears       against   petitioner   during
          Patna High Court CR. MISC. No.88372 of 2025(3) dt.10-02-2026
                                                      3/3




                    investigation as to connect him prima facie with present crime in

                    question, coupled with the fact that investigation of this case is

                    already completed, where petitioner being man of clean

                    antecedent, remains in custody since 30.08.2025, accordingly,

                    petitioner above named, is directed to be released on bail in

                    connection with Mahindwara P.S. Case No. 140 of 2025, 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, Sitamarhi/concerned Court, subject to

                    the conditions as mentioned under Section 437(3) of the

                    Cr.P.C./Section 480(3) of BNSS.



                                          (Chandra Shekhar Jha, J)
veena/-

U


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