Patna High Court

Shivnath SahversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted as the nature of the accusation warranted denial.

Summary

Shivnath Sah was arrested in connection with the murder of the informant’s brother, alleged to have arisen from a money dispute. The FIR charges him under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner filed an anticipatory bail application fearing arrest. The court examined the seriousness of the accusation, noting that the petitioner is alleged to be one of the assailants in a homicide. Considering the gravity of the offence, the court rejected the anticipatory bail plea. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged murder under Sections 103(1) and 3(5) of the B.N.S., 2023?

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)

Subjects

anticipatory bail
murder
criminal procedure
Section 103
Section 3
B.N.S. 2023
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.91733 of 2025
                         Arising Out of PS. Case No.-122 Year-2025 Thana- Panapur District- Muzaffarpur
                    ======================================================
                    Shivnath Sah S/o Late Ramsevak Sah Resident of Village- Mithanpura
                    (Bishundatur), P.S.- Panapur Kariyat, District- Muzaffarpur
                                                                                  ... ... Petitioner/s
                                                       Versus
                    The State of Bihar
                                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner       :        Mr.Ratneshwar Prasad
                    For the State            :        Mr.Raj Kishor Singh
                    For the Informant        :        Mr.Kishore Saurabh & Mr. Manish Kumar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      20-01-2026                        Heard learned counsel for the petitioner, learned

                      A.P.P for the State and learned counsel for the informant.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 103(1), 3(5) of

                      the B.N.S., 2023.

                                   3. As per F.I.R., the brother of informant was killed by

                      this petitioner and other co-accused persons on account of some

                      money dispute. The petitioner appears to be one of the assailant

                      of the deceased.

                                   4. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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