Patna High Court
Jagarnath SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order rejecting anticipatory bail and allowed the appeal, directing that the appellant be released on bail.
Summary
Jagarnath Sah was charged under Sections 302 and 201 of the IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for the death of the mother‑in‑law of the informant, Mantut Devi. The Special Judge had rejected his application for anticipatory bail, relying on the FIR and the allegation that he had an illicit relationship with the deceased. The appellant contended that the informant was not an eye‑witness, that the case rested solely on suspicion, and that he had a clean antecedent and would cooperate with the investigation. The Special Public Prosecutor could not produce any material linking the appellant to the offence beyond the suspicion. The Patna High Court, after considering the submissions, set aside the order of the Special Judge, allowed the appeal and directed that the appellant be released on bail subject to the conditions of Section 438(2) of the Cr.P.C.
Issues considered
- Whether the order rejecting anticipatory bail was justified in view of the lack of material evidence linking the appellant to the alleged offences.
- Whether the appellant’s alleged involvement is based solely on suspicion and thus warrants grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 201, 302
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- anticipatory bail
- murder
- SC/ST Act
- suspicion
- bail
- false implication
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4114 of 2024
Arising Out of PS. Case No.-63 Year-2024 Thana- BASOPATTI District- Madhubani
======================================================
Jagarnath Sah S/o- Harishchandara Sha Village- Khauna W.No-2, Ps-
Basopatti Dist- Madhubani
... ... Appellant/s
Versus
1. The State of Bihar
2. Mantut Devi Wife of Lalit Paswan Village- Khauna Tole Birata Ps-
Basopatti Dist- Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bhavesh Sah
Ms.Archna Anand
For the Respondent/s : Mr.Binay Krishna-Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 03-02-2026 1. Heard learned counsel for the appellant and the
learned Special Public Prosecutor for the State.
2. The appellant has challenged the order dated
06.08.2024 passed by the learned Special Judge SC/ST-cum-
Additional Sessions Judge-1st, Madhubani in connection with
Basopatti P. S. Case No.63 of 2024, instituted for the offences
under Sections 302 and 201 of the Indian Penal Code and
Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act, whereby his prayer for grant of
anticipatory bail has been rejected.
3. The learned counsel appearing on behalf of the
appellant submits that from perusal of the office report dated
Patna High Court CR. APP (SJ) No.4114 of 2024(4) dt.03-02-2026
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22.01.2026, it would manifest that the notice has been validly
served on respondent no.2, but then, respondent no.2 despite
receiving notice chooses not to appear and contest.
4. It is next submitted that appellant is a person with
clean antecedent and the informant alleges that on 19.04.2024 at
2.00 A.M., she along with her mother in-law came back from a
marriage and went to sleep in their respective room and in the
morning, villagers informed that her mother in-law’s dead body
is lying in an orchard. Accordingly, she went to the place of
occurrence and saw mark of injuries on head and back caused
by sharp edged weapon. It is next alleged that her mother in-law
was in an illicit relationship with the appellant and was
pressurizing him for getting married on account of which earlier
a fight had ensued, thus alleges based on suspicion that
appellant committed the occurrence.
5. The learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant based on suspicion. It is next submitted that from
perusal of the FIR, it would manifest that the name of the
husband of the mother in-law of the informant is Deepak. It is
further submitted that informant is not an eye witness to the
occurrence and no case ever came to be instituted either by the
Patna High Court CR. APP (SJ) No.4114 of 2024(4) dt.03-02-2026
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deceased or the informant alleging that any dispute of fight had
arisen in between the appellant and the deceased. It is next
submitted that during the course of investigation also no
material transpired which could even remotely connect the
appellant with offence except for suspicion as there is no eye
witness to the occurrence. It is reiterated and submitted that the
entire allegation hinges around suspicion. It is also submitted
that appellant will not abscond rather will cooperate in the
investigation to prove his innocence.
6. The learned Special P. P. opposes the appeal, but
then, is not in a position to rebut the submission of the learned
counsel appearing on behalf of the appellant after perusing the
case diary that nothing transpired during the course of
investigation to connect the appellant with the offence except
suspicion.
7. Regard being had to the aforesaid submissions, the
order dated 06.08.2024 is set-aside.
8. The appeal stands allowed.
9. 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
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Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge SC/ST-cum- Additional
Sessions Judge-1st, Madhubani in connection with Basopatti P.
S. Case No.63 of 2024, subject to the conditions laid down
under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
vikash/-
U T
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