Bharat Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31259 of 2026 Arising Out of PS. Case No.-300 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Bharat Sahani S/o Late Ramesh Sahani Resident of village- Chailaha Tal, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2026 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner as well as Mr. Anant Kumar 1, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 15.12.2025 in connection with Banjariya P.S. Case No. 300 of 2024, F.I.R. dated 17.10.2024 for the offences punishable under Sections 80 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that the petitioner along with other co-accused persons conspired and killed his daughter, namely, Lalsha Devi (now, deceased) due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although the petitioner is named
Patna High Court CR. MISC. No.31259 of 2026(2) dt.12-05-2026 2/3 in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act or demand of dowry against him and petitioner is brother-in-law of the deceased. He next submits that husband of the deceased, namely, Dharmendra Sahni, who happens to be the brother of the petitioner is in judicial custody since 18.10.2024. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 15.12.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and husband of the deceased, who happens to be brother of the petitioner is in judicial custody since 18.10.2024 let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari/Successor Court in connection with Banjariya P.S. Case No. 300 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.31259 of 2026(2) dt.12-05-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T