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Patna High Court

Bikau SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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