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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91294 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Abhishek Sah S/o Bhagwan Sah R/o Village- Shitapur, Tola- Hata Harpur, P.S.- Chakia, District- East Champaran, Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sheo Jee Mishra, Advocate For the State : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 13-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in a case registered for offence under Sections 103(1), 238, 61(2) and 3(5) of the B.N.S., 2023. 3. As per F.I.R., informant came to know that all the F.I.R. named accused persons, including this petitioner, committed murder of her brother and bhabhi (sister-in-law) by assaulting them with lathi and danda and thereafter, dead-body of her brother was found lying on a cot and dead-body of her bhabhi was concealed in a field. 4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. Informant is not an eye witness to the occurrence and has not
Patna High Court CR. MISC. No.91294 of 2025(2) dt.13-02-2026 2/3 disclosed in the F.I.R. the source and substance as to how she came to know that this petitioner, along with other named accused persons, has committed the alleged offence. It is further submitted that during trial, the informant was examined a P.W. 1 and in her deposition, she has denied the prosecution case and has stated that she has not named this petitioner in the F.I.R. and she does not know the assailants of the deceased. Moreover, similarly situated co-accused persons have already been granted bail by this Hon’ble Court vide order dated 24.11.2025 passed in Cr. Misc. No. 64788 of 2025. Charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 21.03.2025. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the facts and circumstances of the case, materials that have surfaced during course of investigation, claim based on parity, clean antecedents of the petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed. 7.
Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.91294 of 2025(2) dt.13-02-2026 3/3 satisfaction of learned District and Additional Sessions Judge-V, East Champaran, Motihari in connection with Chakia P.S. Case No. 116 of 2025. shashank/- (Prabhat Kumar Singh, J) U T