Patna High Court
Shiv Chandra MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners, subject to a bond of Rs. 10,000 and two sureties.
Summary
The petitioners, Shiv Chandra Mehta and his son Mandeep Kumar, were arrested in connection with Piar Police Station Case No. 168 of 2025 for alleged offences under Sections 316(2), 318(4), 108, 352, 351 and 3(5) of the Bihar Penal Code, alleged to be an abetment of suicide. They have been in custody since 15 December 2025 and claim they were falsely implicated, asserting that a dispute led the victim and her two children to jump into a river, resulting in the children’s deaths and the victim’s survival. The informant opposed bail, contending that the petitioners’ actions constituted abetment of suicide. The Court, after considering the length of custody and the facts presented, allowed the bail application, directing the petitioners to furnish a bail bond of Rs. 10,000 with two sureties. The order expressly limited its observations to the bail matter and did not prejudice the merits of the trial pending before the lower court.
Issues considered
- Whether bail should be granted to the accused in a case of alleged abetment of suicide under the specified sections of the Bihar Penal Code.
- Whether the period of pre‑trial custody justifies the grant of bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 108, 316(2), 318(4), 3(5), 351, 352
Subjects
- bail
- abetment of suicide
- pre‑trial detention
- criminal procedure
- Bihar Penal Code
- Sections 316, 318, 108, 352, 351, 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12253 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- PIYAR District- Muzaffarpur
======================================================
1. Shiv Chandra Mehta S/o Late Jamuna Lal Mehta R/o Village - Simra
Narayanpur, P.S - Piar, District - Muzaffarpur
2. Mandeep Kumar S/o Shiv Chandra Mehta R/o Village - Simra Narayanpur,
P.S - Piar, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Kishore Thakur
For the Opposite Party/s : Mr.Bharat Lal
For the Informant : Mr. Raju Kumar
Mr. Shubham Samrat
Mr. Kumar Gaurav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 Heard the parties.
2. The petitioners seek bail in connection with Piar
P.S. Case No. 168 of 2025 registered for the offence under
Sections 316(2), 318(4), 108, 352, 351 and 3(5) of the BNS.
3. As per the prosecution case, this is a case of
abatement for suicide by the petitioners.
4. The petitioners are in custody since 15.12.2025.
5. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. He further submits that because of some dispute, the
victim and her two children jumped in the river and because of
Patna High Court CR. MISC. No.12253 of 2026(3) dt.27-04-2026
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the same the children died and the victim survived somehow.
6. Learned counsel for the informant has opposed
the prayer of the petitioners and has submitted that because of
abatement by the petitioners, the victim has tried to commit
suicide.
7. Considering the facts of the case and also
considering the period of custody of the petitioners, this
application is allowed.
8. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Piar P.S.
Case No. 168 of 2025.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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