Suraj Saha @ Suraj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54228 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Shibu Saha S/o Late Gopal Chandra Saha R/o Vill- Chhatouni Gali No. 4, P.S.- Chhatouni, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59683 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Suraj Saha @ Suraj Sah Son of Late Lakhan Saha Resident of villagechhatouni, Gali No. 4, Ps- chhatouni, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 54228 of 2025) For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP (In CRIMINAL MISCELLANEOUS No. 59683 of 2025) For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP For the Informant in both cases :
Mr. Madhurendra Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioner(s), learned A.P.P for the State (in both cases) and learned counsel for the informant.
2. The petitioner (in both cases) seeks his arrest in a case, registered for offence punishable under Sections 103(1), 61(2) of the B.N.S., 2023.
3. The case of the prosecution, in brief, is that on 15.04.2025 at about 9:30 PM, the informant and her husband
Patna High Court CR. MISC. No.54228 of 2025(3) dt.07-11-2025 2/3 were returning house, in the meantime, co-accused Tela Das @ Sonu came and informed informant's husband that these petitioners and co-accused Prashant Mandal are calling him, whereupon, husband of informant went there, but did not return and on the next date, the dead-body of informant's husband was found.
4. Learned counsel for the petitioners submits that informant is not eye-witness to the occurrence and only on suspicion, petitioners have been made accused in this case. It is the specific case of the informant that it was co-accused Tela Das, who told informant's husband that these petitioners were calling him and husband of informant went there, but did not return and later on, his dead-body was found. During course of investigation, none of the witness has seen these petitioners committing the occurrence. Petitioners are in custody since 19.04.2025.
5. However, learned counsel for the informant vehemently opposes the prayer for bail and submits that during investigation, it has come that these petitioners committed murder of husband of informant by chopping his neck with sharp weapon. Besides this, petitioners have got criminal antecedent.
Patna High Court CR. MISC. No.54228 of 2025(3) dt.07-11-2025 3/3
6. Considering the nature of accusation and criminal antecedent, both the bail petitions are rejected. (Prabhat Kumar Singh, J) anay U T