Suresh Sahani @ Suresh Faujdar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73149 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- SAHODARA District- West Champaran ====================================================== Suresh Sahani @ Suresh Faujdar S/o Late Muneshwar Sahani R/o VillageParsadih, Rajpur, Ward No.04, PS- Sahodara, Dist- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Prerna Anand, Advocate For the Opposite Party/s :
Mr. Sadanand Paswan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 16.01.2025 in connection with Sahodra P.S. Case No. 87 of 2024 for the offence punishable under Sections 103(1), 238(a), 3(5) of BNS and Sections 3(i)(r), 3(i)(s), 3(2)(va) of SC and ST Act but the police submitted charge-sheet under Section 103(1), 238(a) and 3(5) of BNS.
3. The prosecution case, in brief, is that the son and daughter in law of the informant has gone out side of village. One Niraj Kumar of his villager enticed her granddaughter and kept her to his house two years ago when they objected, then Niraj Kumar threatened her to kill and due to fear matter was end. We are illiterate persons and not known regarding law. It is
2/4 further alleged that Niraj Kumar wanted to marry her 2nd granddaughter Bharti Kumari also. All accused persons were also pressurizing for marriage her 2nd grand-daughter with said Niraj Sahani to which Priyanka Kumari elder granddaughter was objected. Due to that annoyance the accused persons started torture to Priyanka Kumari. On 04.10.2024 the informant came to know from her villagers that her grand-daughter Priyanka Kumari has been killed by the accused persons and they have concealed the dead body. When the informant went to their house but no one was present at house. The informant suspected that all the accused persons have killed her granddaughter and also concealed the dead body. On the basis of said written petition the instant case has been registered.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and is innocent and he has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR and except suspicion there is no cogent material available to suggest the involvement of the petitioner in the present case. It is next submitted that there is no eye-witness to the occurrence in the question and even the dead body of the
3/4 victim/deceased has not been found as yet. It is next submitted that the police after investigation submitted the charge sheet on 16.01.2025 and the petitioner is in custody since 16.01.025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that petitioner is a person with clean antecedent and is in custody since 16.01.2025, 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 Additional Sessions Judge-8, West Champaran, Bettiah in connection with Sahodara P.S. Case No. 87 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 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 canceled 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
4/4 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) Gaurav Sinha/- U T