Patna High Court
Jitan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The petitioners are entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
The petitioners, who are in‑laws of a deceased woman, applied for anticipatory bail fearing arrest in a case (Saharsa Sadar P.S. Case No. 1195 of 2025) alleging offences under Sections 123, 103(1) and 3(5) of the B.N.S. for allegedly administering poison to the informant’s daughter. The prosecution alleged that the petitioners were involved in the alleged poisoning, while the petitioners contended that the allegations were mere suspicion, that they had no involvement in the matrimonial affairs of the deceased, and that the case was concocted. The learned APP opposed the bail, arguing that the seriousness of the charges warranted denial of anticipatory relief. The Court examined whether the circumstances justified the grant of anticipatory bail under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the B.N.S.S. and considered the need for imposing conditions to ensure the petitioners’ presence at trial. Finding no substantive evidence linking the petitioners to the crime and noting their clean record, the Court granted anticipatory bail subject to stringent conditions. The order also clarified that any observations made therein would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC in view of the allegations under the B.N.S.
- Whether the petitioners’ alleged involvement in the alleged poisoning warrants denial of bail
- Whether imposing conditions such as surety, presence in court, and verification of criminal antecedents is appropriate
Legislation cited
- B.N.S. — s. 103(1), 123, 3(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- poisoning allegation
- family dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11770 of 2026
Arising Out of PS. Case No.-1195 Year-2025 Thana- SAHARSA SADAR District- Saharsa
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1. Jitan Sharma S/o Shambhu Sharma R/o Village - Morkahi Dhamsaini Nagar,
Ward no. 46, P.S - Saharsa Sadar, District - Saharsa
2. Arti Devi W/o Jitan Sharma R/o Village - Morkahi Dhamsaini Nagar, Ward
no. 46, P.S - Saharsa Sadar, District - Saharsa
3. Shambhu Sharma S/o Late Makhan Sharma R/o Village - Morkahi
Dhamsaini Nagar, Ward no. 46, P.S - Saharsa Sadar, District - Saharsa
4. Chandan Devi W/o Shambhu Sharma R/o Village - Morkahi Dhamsaini
Nagar, Ward no. 46, P.S - Saharsa Sadar, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiva Shankar Sharma, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Saharsa Sadar P.S. Case No. 1195 of 2025 registered for
the offences under Sections 123, 103(1) and 3(5) of the B.N.S.
3. As per the prosecution case, the allegation against
the petitioners is that they had administered poison to the
daughter of the informant.
4. Learned counsel for the petitioners submits that the
petitioners are the in-laws of the deceased daughter of the
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informant. He further submits that petitioner no.1 happens to be
the brother-in-law (bhainsur), petitioner no.2 happens to be the
sister-in-law (gotni), petitioner nos.3 and 4 happens to be the
mother-in-law and the father-in-law respectively of the
deceased. It has further been submitted that a mere suspicion
has been raised with regard to administering poison to the
daughter of the informant, however, the petitioners had no
concern with the matrimonial life of the deceased and her
husband and they had been residing separately from them. It has
further been submitted that marriage of the deceased was
solemnized way back in 2014 and after 11 years of marriage
such occurrence has occurred and therefore, the allegations with
regard to demand of dowry and etc. is false and concocted. It
has next been submitted that the petitioners were informed that
the deceased has consumed poison on account of some
altercation with her husband. It is lastly been submitted that the
petitioners being the in-laws have been implicated merely
because they are the immediate family members of the husband
of the deceased having no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
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circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Saharsa Sadar P.S.
Case No. 1195 of 2025 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
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(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the present application stands
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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