Allowed¶25

Ganesh Sahani v. The State of Bihar

Patna HC25 Aug 2025CR. MISC./43463/2025

Case brief

AI extract

What is this about?

Regular bail allowed; murder of minor girl (Amisha Kumari); Bharatiya Nyaya Sanhita Sections 103(1), 238, 3(5); bail conditions under Section 480(3) B.N.S.S.; Patna High Court Criminal Miscellaneous No.43463 of 2025; Kalyanpur P.S. Case No. 28 of 2025, Thana Kalyanpur, District East Champaran; informant chowkidar Hemchandra Tiwari; petitioner Ganesh Sahani in custody since 21.01.2025; bail bond Rs.10,000/- with two sureties; Justice Chandra Shekhar Jha; decided 25-08-2025.

What did the court decide?

Petitioner released on bail in Kalyanpur P.S. Case No. 28 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari/concerned court, subject to conditions under Section 480(3) of the B.N.S.S. ¶25

Ganesh Sahani Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in the FIR and in custody since 21.01.2025 in Kalyanpur P.S. Case No. 28 of 2025 (offences under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita), should be released on bail.

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Court's answer

Except suspicion arising out of information received from unknown co-villagers, nothing incriminating appeared during the course of investigation against the petitioner connecting him with the crime.

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Ratio / Principle

Coupled with the petitioner remaining in custody since 21.01.2025, the petitioner was directed to be released on bail in Kalyanpur P.S. Case No. 28 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to conditions under Section 480(3) of the B.N.S.S.

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Detailed headnote1 paragraphs

Bail granted (Patna High Court, Chandra Shekhar Jha, J., 25-08-2025) to Ganesh Sahani, named in FIR in Kalyanpur P.S. Case No. 28 of 2025 (District East Champaran) registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, concerning recovery of the dead body of a 15-year-old girl identified as Amisha Kumari, with the FIR alleging the parents, brother and uncle of the deceased committed the murder. The Court found that, except suspicion arising out of information received from unknown co-villagers, nothing incriminating appeared during investigation connecting the petitioner with the crime, and noted his custody since 21.01.2025; he was directed to be released on bail on a bond of Rs.10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari/concerned court, subject to conditions under Section 480(3) of the B.N.S.S.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43463 of 2025

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Arising Out of PS. Case No.-28 Year-2025 Thana- KALYANPUR District- East Champaran

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======================================================

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Ganesh Sahani Son of Late Jotik Sahani R/O Vill- Siswa Kharar, P.S.Kalyanpur, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Adv : Ms. Mili Kumari, Adv For the Opposite Party/s : Mr. Anil Kumar Singh, No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

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ORAL ORDER

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2 25-08-2025

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Heard learned counsel appearing on behalf of the

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petitioner and learned APP appearing on behalf of the State.

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The petitioner seeks bail in connection with

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Kalyanpur P.S. Case No. 28 of 2025 registered for the offences under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita.

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The petitioner is named in the F.I.R. and is in custody since 21.01.2025.

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As per FIR, informant, who is a chowkidar namely Hemchandra Tiwari (No.1/5) received information that one dead body was kept hidden in a bush near 14-Ali bridge, which is of 15 year old girl and after recovery of dead

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Patna High Court CR. MISC. No.43463 of 2025(2) dt.25-08-2025 2/3

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body informant came to know that dead body was of Amisha Kumari of Sisawa Kharar Village, District East Champaran. It was alleged that parents, brother and uncle of the deceased committed present murder.

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Learned counsel appearing on behalf of the

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petitioner submitted that implication of petitioner in the present case is based upon suspicious information received from unknown villagers. It is submitted that petitioner is the father of the deceased and as deceased was mentally challenged, therefore, she was in habit to leave home frequently and on one such occasion the present occurrence took place by unknown persons. Petitioner being father was also in search of her missing daughter but in meantime he was implicated. It is submitted that dead body was not recovered from the house of the petitioner rather it was recovered from an far isolated place. While concluding the argument it is submitted that petitioner found involved in one more case, where he is on bail and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

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Patna High Court CR. MISC. No.43463 of 2025(2) dt.25-08-2025 3/3

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Learned APP appearing on behalf of the State,

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opposes the prayer for bail.

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In view of aforesaid factual submission and by

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taking note of fact as except suspicion arising out of information received from unknown co-villagers nothing incriminating appears during the course of investigation against petitioner, as to connect him with the present crime in question, coupled with the fact as petitioner remains in custody since 21.01.2025, accordingly above named petitioner, is directed to be released on bail in connection with Kalyanpur P.S. Case No. 28 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

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S.Tripathi/-

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U T

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(Chandra Shekhar Jha, J.)

Ganesh Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ganesh Sahani v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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