Jay Prakash Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Jay Prakash Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender within eight weeks, the petitioners to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Saran at Chapra, in connection with Masrakh P.S. Case No. 190 of 2025, subject to conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Masrakh P.S. Case No. 190 of 2025 registered under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2), 351(3), 3(5) and 103 of the Bharatiya Nyaya Sanhita, are entitled to anticipatory bail.

Court's answer

The prayer for grant of anticipatory bail to the petitioners is allowed, having regard to the facts and circumstances of the case, the general and omnibus nature of the accusation, the existence of a case and counter-case, and the clean antecedents of the petitioners.

Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioners are to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Saran at Chapra, in connection with Masrakh P.S. Case No. 190 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioners apprehending arrest in Masrakh P.S. Case No. 190 of 2025 (District Saran), registered for offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, to which Section 103 BNS was added later, were allowed anticipatory bail by the Patna High Court (Prabhat Kumar Singh, J) by order dated 09-02-2026. The court considered the general and omnibus nature of the accusation (alleged assault of the informant Mishri Sahni and his family by F.I.R.-named accused armed with lathi and danda on 12.04.2024), the existence of a case and counter-case between the parties, and the clean antecedents of the petitioners; parity was also urged with co-accused granted anticipatory bail in Cr. Misc. No. 67046 of 2025 (order dated 12.11.2025). Petitioners to be enlarged on bail, in the event of arrest or surrender within eight weeks, on a bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Saran at Chapra, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86092 of 2025

Arising Out of PS. Case No.-190 Year-2025 Thana- MASHRAK District- Saran

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

Jay Prakash Sah son of Krishna Sah Resident of Vill- Mashrakh, PsMashrakh, Dist- Saran

Rahul Sah @ Rahul Kumar son of Jitendra Sah Resident of Vill- Mashrakh, Ps- Mashrakh, Dist- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhijeet Gautam, Advocate For the Opposite Party/s : Md. Shakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 09-02-2026

Heard learned counsel appearing on behalf of the

petitioners and learned APP appearing on behalf of the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita to which Section 103 BNS was added later on.

As per prosecution case, informant, namely Mishri Sahni, alleged that on 12.04.2024 at about 8 PM, all the F.I.R. named accused persons, including these petitioners, armed with lathi and danda , came and started abusing the informant and on objection, all of them assaulted the informant. It is further

Patna High Court CR. MISC. No.86092 of 2025(2) dt.09-02-2026 2/3

alleged that when the family members of the informant came to save him, they were also assaulted.

It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are Gotiyas and on account of petty dispute, simple maar-peet took place in which both sides inflicted injuries on each other. Case and counter-case. Allegation of assault is general and omnibus and no accusation of any specific overt act has been alleged against these petitioners. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 12.11.2025 passed in Cr. Misc. No. 67046 of 2025. Petitioners claim clean antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Accordingly, in the event of arrest/surrender within

Patna High Court CR. MISC. No.86092 of 2025(2) dt.09-02-2026 3/3

a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran at Chapra in connection with Masrakh P.S. Case No. 190 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J)

Navya/-

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