Patna High Court
Sanjay Kumar Sah @ Sanjay SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sanjay Kumar Sah, was arrested in connection with the alleged murder and concealment of his daughter’s body, as alleged by informant Kalawati Devi. The informant is not an eye‑witness; the only material against the petitioner is the claim that he instructed co‑accused Nisha Devi to burn the body, while the petitioner asserts that his daughter was mentally unstable and likely committed suicide, and that he was abroad in Dubai at the time. The petitioner has been in custody since 18 September 2025, has a clean antecedent, and the co‑accused has already been granted bail. The State opposed bail, citing the seriousness of the offences under Sections 103, 61(2), 238 and 3(5) of the B.N.S., 2023. The Court, after considering the nature of the accusations and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite accusations under Sections 103, 61(2), 238 and 3(5) of the B.N.S., 2023
- Whether the evidence presented establishes a prima facie case warranting continued detention
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
- B.N.S., 2023 — s. 103, 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- suspicion
- section 103 B.N.S.
- section 61(2) B.N.S.
- section 238 B.N.S.
- section 3(5) B.N.S.
- clean antecedent
- flight risk
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89391 of 2025
Arising Out of PS. Case No.-372 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Sanjay Kumar Sah @ Sanjay Sah S/o Brij Bihari Sah R/o Village- Sherpur,
P.S.- Daraundha @ Daraunda, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi & Himanshu Ranjan
For the Opposite Party/s : Mrs.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 103, 61(2), 238,3(5) of the B.N.S., 2023.
3. Informant, namely, Kalawati Devi has alleged that
co-accused Nisha Devi @ Nishi Devi killed her grand-daughter
and concealed her dead-body.
4. Learned counsel for the petitioner submits that
informant is not eye-witness to the occurrence and only
suspicion has been raised against petitioner because he happens
to be father of the deceased. As a matter of fact, the deceased
was mentally unstable and it appears that she has committed
suicide. At the time of incident, petitioner was in Dubai and
during investigation, only material, which has come against
petitioner, is that on his instruction, co-accused Nishi Devi burnt
the dead-body of deceased. Co-accused Nisha Devi @ Nishi
Patna High Court CR. MISC. No.89391 of 2025(2) dt.12-02-2026
2/2
Devi has been granted bail by this Court, vide order dated
09.12.2025 passed in Cr.Misc. No. 84831 of 2025. Petitioner is
in custody since 18.09.2025 and claims clean antecedent.
Chargesheet has been submitted.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. - II, Siwan in connection with Daraundha @ Daraunda
P.S. Case No. 372 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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