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Patna High Court

Jagarnath SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             3/4




          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
               Patna High Court CR. APP (SJ) No.4114 of 2024(4) dt.03-02-2026
                                                            4/4




                         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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