Patna High Court
Devanand Mistry @ Devanand SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Devanand Mistry, sought anticipatory bail in connection with a case (Atri P.S. Case No.301 of 2025) alleging his involvement in the assault and death of an informant's mother by feeding her a sulphur tablet, offences under Sections 123, 103(1) and 3(5) of the B.N.S., 2023. The prosecution argued that the FIR specifically named the petitioner and alleged his participation in the crime. The petitioner contended that he is a labourer with a clean criminal record and was falsely implicated. The State opposed bail, emphasizing the seriousness of the alleged homicide. The Court, after hearing both sides, declined to grant anticipatory bail, finding the allegations sufficient to deny relief. Consequently, the bail application was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and alleged offences.
Legislation cited
- B.N.S., 2023 — s. 103(1), 123, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- FIR
- false implication
- murder
- section 123
- section 103(1)
- section 3(5)
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21850 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- ATRI District- Gaya
======================================================
Devanand Mistry @ Devanand Sharma Son of Aaditya Sharma @ Aaditya
Mistry Resident of Village- Titua Tand, P.S.- Atri, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Atri P.S. Case No.301 of 2025 lodged on 18.07.2025, for
the offences punishable under Sections 123, 103(1) and 3(5) of
the B.N.S., 2023 pending before the Court of ACJM-IV, Gaya.
3. As per the prosecution, FIR has been lodged against
the three named accused persons including the petitioner with
allegation that they in connivance with each other assaulted the
informant’s mother and forcibly fed sulphur tablet to his mother
due to which she died.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He
submits that the petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.21850 of 2026(2) dt.08-04-2026
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present case. He further submits that the petitioner is a labour
and he has no any concern with the alleged occurrence.
5. Counsel submits that the criminal antecedent of the
petitioner is clean.
6. Learned APP for the State opposes the prayer for
bail and submits that the petitioner is named in the F.I.R. and
there is specific allegation of causing death to the informant’s
mother by feeding sulphur tablet.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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