Patna High Court

Shashikant SudhakarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Shashikant Sudhakar, was charged under Section 103 of the Bharatiya Nyaya Sanhita, 2023, for a homicide and has been in custody since 30‑12‑2024. He applied for regular bail after an earlier bail application was rejected on 05‑06‑2025. The petitioner’s counsel argued that the charge is already framed, there is no substantive prosecution evidence yet, the petitioner has a clean antecedent, and continued custody serves no purpose. The State opposed bail, highlighting that the weapon was recovered, the informant’s mother was murdered, and there is corroborative evidence establishing suspicion. The court noted that the trial is at the prosecution‑evidence stage, but the prosecution has not produced any witnesses, and the trial is likely to conclude within nine months. Considering the seriousness of the offence and the presence of corroborative material, the court declined to grant bail, rejecting the petition.

Issues considered

Whether regular bail should be granted to an accused of an offence punishable under Section 103 of the Bharatiya Nyaya Sanhita at the prosecution‑evidence stage of the trial.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103

Subjects

regular bail
murder
suspicion
prosecution evidence stage
bail denial
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90111 of 2025
                        Arising Out of PS. Case No.-76 Year-2024 Thana- Bodhibigaha District- Gaya
                 ======================================================
                 Shashikant Sudhakar S/o- Rajmohan Ram Village- Bhangiya PS-Bodhigaya
                 District- Gaya

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   25-02-2026                  Heard learned Senior counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Trial No. 825 of 2025 arising out of Bodhi Bigha P.S.

                   Case No. 76 of 2024 lodged on 26.11.2024, for the offence

                   punishable under Section 103 of the Bharatiya Nyaya Sanhita,

                   2023, pending in the Court of District & Additional Sessions

                   Judge-III, Sherghati, Gaya.

                                3. Learned Senior counsel for the petitioner submits

                   that the regular bail application of the petitioner was earlier

                   rejected vide order dated 05.06.2025 passed in Cr. Misc. No.

                   35431 of 2025. Senior counsel submits that the name of the
Patna High Court CR. MISC. No.90111 of 2025(3) dt.25-02-2026
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          petitioner has come in this case only on the ground of strong

          suspicion. Senior counsel further submits that charge has

          already been framed in this case and the petitioner is in custody

          since 30.12.2024, having clean antecedent. Senior counsel

          submits that no purpose would be solved keeping the petitioner

          into custody. Senior counsel submits that on earlier occasion,

          report with regard to the present stage of the trial was called for.

                       4. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that in the FIR, it has come

          that the informant’ mother was sleeping with her grand daughter

          (natini) but, in the next morning, neck of the informants’ mother

          was cut and dead body was found. Counsel also submits that in

          the earlier rejection order dated 05.06.2025, it has come that the

          weapon used in the crime was recovered and there is not only

          suspicion, rather, corroboration is also there.

                       5. From the report, it transpires that the charge has

          already been framed, but the prosecution has not produce any

          witnesses till date. The trial is currently at the stage of

          prosecution evidence. It has also been stated in the report that

          there is every likelyhood for conclusion of trial within nine

          months.

                       6. In this view of the matter, this Court is not inclined
             Patna High Court CR. MISC. No.90111 of 2025(3) dt.25-02-2026
                                                         3/3




                       to grant bail to the petitioner at this stage. Accordingly, the

                       prayer for regular bail of the petitioner is hereby rejected at this

                       stage.



                                                                    (Dr. Anshuman, J)
Divyansh/-

U      T

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