Patna High Court
Bikau SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Bikau Sahani, the brother‑in‑law of the deceased Savita Kumari, applied for bail in a case registered under Sections 238 and 3(5) of the B.N.S., 2023. The prosecution alleged his involvement in the death of Savita Kumari, while the petitioner claimed innocence, stating that the primary accused – the husband – had already been acquitted and that he had no prior criminal record. He had been in judicial custody since 25 May 2025. The State opposed the bail. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Judicial Magistrate, 1st Class, Bettiah.
Issues considered
- Whether bail should be granted to the petitioner under Sections 238 and 3(5) of the B.N.S., 2023 given the facts of the case.
Legislation cited
- B.N.S., 2023 — s. 238, 3(5)
Subjects
- bail
- criminal procedure
- Section 238
- Section 3(5)
- B.N.S. 2023
- false implication
- acquittal
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9329 of 2026
Arising Out of PS. Case No.-151 Year-2024 Thana- SRINAGAR District- West Champaran
======================================================
Bikau Sahani S/O Sri Jawahir Sahani Resident of village - Bhawanipur,Barhi
Tola, P.S- Srinagar, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Adv.
Mr. Hemant Ray, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Srinagar P.S. F.I.R. No. 151 of 2024 registered for the
offence punishable under Sections 238/3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that Savita
Kumari (deceased) was married with Santosh Sahni in the year
2016. It is alleged that she was being killed by her in-laws.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is brother-in-law of the
deceased. The main thrust of allegation is against the husband.
Patna High Court CR. MISC. No.9329 of 2026(2) dt.19-02-2026
2/2
He further submits that the husband has already been acquitted
by the learned trial court. Moreover, a statement has been made
in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
25.05.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Bettiah, West Champaran in connection
with Sessions Trial No. 1031 of 2025 arising out of Srinagar P.S.
FIR No. 151 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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