Patna High Court
Gore Jamadar @ Mithlesh JamadarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the lower court's order and allowed anticipatory bail to the appellant.
Summary
The appellant, Gore Jamadar, sought anticipatory bail after being implicated in a murder case arising from a wedding procession accident that led to the death of Pawan Kumar. The FIR, filed under several sections of the B.N.S. and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, named the accused as "unknown" and did not directly name the appellant. The appellant argued that the informant was not an eye‑witness, the post‑mortem report indicated death by drowning without external injuries, and the police investigation was mechanical, relying on confessional statements of other accused. The Special Public Prosecutor and the informant opposed bail, contending that the seriousness of the offences warranted denial of anticipatory bail. The High Court examined the evidentiary material, found the post‑mortem findings inconsistent with the alleged assault, and concluded that the lower court’s denial of bail was untenable. Consequently, the appellate court set aside the order of the Additional Sessions Judge and granted anticipatory bail subject to Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail under Section 438 of the Cr.P.C. should be granted in a case involving murder charges under the B.N.S. and the SC/ST Act.
- Whether the post‑mortem report and lack of eyewitness testimony undermine the prosecution's case sufficiently to warrant bail.
- Whether the lower court's order denying anticipatory bail was legally justified.
Legislation cited
- B.N.S. — s. 103(1), 137(2), 140(3), 238, 3(5), 61
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- anticipatory bail
- Section 438 CrPC
- SC/ST Act
- murder
- post‑mortem report
- confessional statement
- bail jurisdiction
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3109 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- BEN P.S. District- Nalanda
======================================================
Gore Jamadar @ Mithlesh Jamadar S/O Dukhan Jamadar R/O Village- Sahari,
P.S- Ben, Distt.- Nalanda.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sita Devi W/O Ajay Ravidas R/O Village and P.S- Ben, Distt.- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anil Kumar Singh
For the Respondent/s : Ms.Usha Kumari 1- Spl.P.P.
Mr.Shivnandan Bharti
Mr.Pintu Kumar Patel
Ms.Neha Kumari Singh
Mr.Shaan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 07-04-2026 1. Heard learned counsel for the appellant, the learned
Special Public Prosecutor for the State and the learned counsel
appearing on behalf of the informant.
2. The appellant has challenged the order dated
14.07.2025 passed by Shri Dheeraj Kumar Bhaskar, the learned
Additional Sessions Judge-VIth-cum-Special Judge, SC/ST Act,
Biharsharif, Nalanda in connection with ABP No.1262 of 2025
arising out of Ben P. S. Case No.75 of 2025, instituted for the
offences under Sections 137(2),140(3),103(1),238,61,3(5) of the
B.N.S. and Sections 3(1)(r)(s),3(2)(v) of the Scheduled Castes
& Scheduled Tribes (Prevention of Atrocities) Act, whereby his
Patna High Court CR. APP (SJ) No.3109 of 2025(6) dt.07-04-2026
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prayer for grant of anticipatory bail has been rejected.
3. The S.H.O. cum Investigating Officer of the case in
compliance of the order dated 01.04.2026 is present in the
Court.
4. The learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and the informant alleges that the wedding
procession (Barat) of sunny kumar was going from Ravidas
Nagar Ben to Badhauna on 05.05.2025. Further, her son Pawan
Kumar (deceased) was also going in the Scorpio for attending
the wedding, but when the car reached near the town, an
altercation took place in between the inmates of the Scorpio
vehicle and 5-6 persons who were playing DJ on the road on the
issue of giving way to the car. Further, the Scorpio fell in a ditch
on account of thunder and rain, as such, the wedding procession
returned back, but Pawan Kumar (deceased) went missing.
Accordingly, a search was made, but Pawan kumar could not be
traced.
5. The learned counsel for the appellant submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that the appellant is not named in the FIR rather FIR
has been instituted against unknown. It is next submitted that
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informant is not an eye witness to the occurrence, but then,
alleges that when Pawan Kumar along with others were going to
attend the wedding of Sunny Kumar at village-Badhauna when
an altercation took place with 5-6 unknown accused who were
playing DJ. It is also submitted that informant further alleges
that Scorpio in which Pawan Kumar along with others person
were sitting fell in a ditch on account of rain and thunder, but
then, all persons who were in the Scorpio came back but Pawan
went missing. It is next submitted that subsequently the dead
body of Paawan Kumar was recovered and was sent for post
mortem and post mortem report records the cause of death as
asphyxia due to drowning but then, the police during the course
of investigation based on secret information arrested Munna and
Gulshan in whose confession the name of the instant appellant
transpired that he was also involved in the occurrence of killing
of Pawan. It is next submitted that it absolutely does not stand to
reason that as to why the police did not record the statement of
all those who were accompanying Pawan in the Scorpio vehicle
to ascertain that as to what happened at the place of occurrence.
It is also submitted that post mortem report does not record any
external injury except for an abrasion over the eyes and the said
abrasion could have been caused on account of car falling in the
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ditch. It is reiterated and submitted that the post mortem report
records the cause of death as asphyxia on account of drowning.
It is thus submitted that police in mechanical manner
investigated the case.
6. On query of the Court from the Investigating
Officer of the case that as to whether the statement of the
inmates of Scorpio vehicle was recorded by the police or not on
which the Investigating Officer submits that statement of
Jitendra Kumar at Para-7 of the case diary has been recorded.
The said statement of Jitendra Kumar was read by the learned
counsel appearing on behalf of the informant and from perusal
of the same, it would manifest that Jitendra Kumar disclosed
that an altercation had taken place and the driver of the Scorpio
was assaulted by the unknown accused, but as far as Pawan is
concerned with regard to him, it is not alleged that he saw
accused assaulting him. It is further submitted that statement of
Shrawan was also recorded at Para-8 of the case diary and his
statement also if not verbatim is similar to the statement of
Jitendra Kumar.
7. At this stage, the learned counsel appearing on
behalf of the appellant submits that it is the case of murder and
informant is not an eye witness to the occurrence nor the post
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mortem report records that the deceased suffered any external
injuries and his death has been opined to be cause on account of
asphyxia on account of drowning, but still police after making
arrest obtained confessional statement of the apprehended
accused who confessed that on account of assault Pawan was
killed, but then, the confessional statement does not get
corroborated by the post mortem report which amply
demonstrates that how mechanical the police is investigating in
serious cases. It is further submitted that investigation in the
case is still continuing and if privilege of anticipatory bail is
granted, the appellant will cooperate in the investigation to
prove his innocence.
8. The learned Special P. P. as well as the learned
counsel appearing on behalf of the informant opposes the bail
application, but then, are not in a position to rebut the
submission of the learned counsel appearing on behalf of the
appellant that post mortem report records the cause of death as
asphyxia on account of drowning and the deceased suffered no
external injuries.
9. Regard being had to the aforesaid submissions, the
order dated 14.07.2025 is set-aside.
10. The appeal stands allowed.
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11. The appellant, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of learned Shri Dheeraj Kumar Bhaskar, the learned
Additional Sessions Judge-VIth-cum-Special Judge, SC/ST Act,
Biharsharif, Nalanda in connection with ABP No.1262 of 2025
arising out of Ben P. S. Case No.75 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
12. The personal appearance of the S.H.O. cum
Investigating Officer is dispensed with.
(Satyavrat Verma, J)
vikash/-
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