Patna High Court

Abhishek SahversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Abhishek Sah, was arrested in a murder case under Sections 103(1), 238, 61(2) and 3(5) of the B.N.S., 2023, where the FIR alleged that he and others killed his brother and sister‑in‑law. The informant who lodged the FIR was not an eye‑witness and later, as a witness, denied naming the petitioner or knowing the assailants. The petitioner argued that he is innocent, has no prior criminal record, and that co‑accused have already been granted bail. The State opposed bail, citing the seriousness of the offences. Considering the informant’s lack of credibility, the petitioner’s clean antecedents, and the precedent of bail to co‑accused, the Court allowed the bail application, ordering release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under the offences charged under the B.N.S., 2023
Whether the informant’s testimony and lack of prior criminal record justify bail

Legislation cited

B.N.S., 2023 — s. 103(1), 238, 3(5), 61(2)

Subjects

bail
criminal procedure
murder
informant credibility
clean antecedents
B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91294 of 2025
                   Arising Out of PS. Case No.-116 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Abhishek Sah S/o Bhagwan Sah R/o Village- Shitapur, Tola- Hata Harpur,
                 P.S.- Chakia, District- East Champaran, Motihari

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sheo Jee Mishra, Advocate
                 For the State           :        Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                    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(1), 238, 61(2) and 3(5) of the

                   B.N.S., 2023.

                                3. As per F.I.R., informant came to know that all the

                   F.I.R. named accused persons, including this petitioner,

                   committed murder of her brother and bhabhi (sister-in-law) by

                   assaulting them with lathi and danda and thereafter, dead-body

                   of her brother was found lying on a cot and dead-body of her

                   bhabhi was concealed in a field.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence.

                   Informant is not an eye witness to the occurrence and has not
Patna High Court CR. MISC. No.91294 of 2025(2) dt.13-02-2026
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          disclosed in the F.I.R. the source and substance as to how she

          came to know that this petitioner, along with other named

          accused persons, has committed the alleged offence. It is further

          submitted that during trial, the informant was examined a P.W. 1

          and in her deposition, she has denied the prosecution case and

          has stated that she has not named this petitioner in the F.I.R. and

          she does not know the assailants of the deceased. Moreover,

          similarly situated co-accused persons have already been granted

          bail by this Hon’ble Court vide order dated 24.11.2025 passed in

          Cr. Misc. No. 64788 of 2025. Charge-sheet has already been

          submitted and petitioner, having no criminal antecedents, is in

          custody since 21.03.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, materials that have surfaced during course of investigation,

          claim based on parity, clean antecedents of the petitioner and

          period of custody, the prayer for grant of bail to the petitioner is

          allowed.

                       7. Accordingly, 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
             Patna High Court CR. MISC. No.91294 of 2025(2) dt.13-02-2026
                                                         3/3




                       satisfaction of learned District and Additional Sessions Judge-V,

                       East Champaran, Motihari in connection with Chakia P.S. Case

                       No. 116 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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