Patna High Court
Pacchu Saw @ Pachu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of personal appearance at each trial date.
Summary
Petitioner Pacchu Saw was arrested in connection with a dowry death case (Sections 304B, 201, 34 IPC and Sections 3, 4 Dowry Prohibition Act) and has been in custody since February 5, 2022. The prosecution’s case rests on a few witnesses, both of whom were later declared hostile, and several other witnesses have not appeared despite non‑bailable warrants. The petitioner argued that he was falsely implicated and that the investigation was inadequate. The State opposed bail, citing the seriousness of the offence. Considering the prolonged pre‑trial detention, the paucity of reliable prosecution evidence, and the non‑appearance of witnesses, the Court ordered regular bail on a bond of Rs.10,000 with two sureties and imposed conditions of personal appearance at trial.
Issues considered
- Whether regular bail should be granted in a dowry death case despite the seriousness of the offence
- Whether the non‑appearance of prosecution witnesses and prolonged pre‑trial detention justify bail
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 201, 304B, 34
Subjects
- dowry death
- regular bail
- pre‑trial detention
- IPC
- Dowry Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2235 of 2026
Arising Out of PS. Case No.-163 Year-2015 Thana- HALSI District- Lakhisarai
======================================================
Pacchu Saw @ Pachu Sah S/O Late Mahadev Sao @ Mahadev Sah Resident
of Village-Tetarhat, P.S.- Halsi. District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Irshad, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 13-02-2026 Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant
of regular bail in connection with Sessions Trial no.325 of 2022,
arising out of Halsi P.S. Case no.163 of 2015 registered under
sections 304B, 201 and 34 of the Indian Penal Code and
sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the daughter of the
informant was married to the petitioner herein in the year 2015.
It is stated by the informant that soon after the marriage, the
accused persons started making a demand of dowry by way of a
motorcycle. The assault and torture continued and ultimately she
was done to death.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case. There is no
Patna High Court CR. MISC. No.2235 of 2026(3) dt.13-02-2026
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eyewitness and the manner of occurrences is other than what has
been narrated in the FIR. Inspite of the petitioner being in
custody since 5.2.2022, only two witnesses have been examined
on behalf of the prosecution and as per instructions, both have
been declared hostile.
5. The application for bail is opposed by learned
APP for the State.
6. A report was called from the learned trial Court.
As for the report received contained in letter dated 21.1.2026
charge was framed on 15.4.2023 and out of the six charge sheet
witnesses, two witnesses have been examined. The report
further states that non-bailable warrants have been issued to the
remaining prosecution witnesses for them to appear.
7. Having heard learned counsel to the parties and
taking into consideration the allegation against the petitioner in
the FIR, the prosecution witnesses not appearing inspite of
issuance of non-bailable warrants and the petitioner having
remained in custody for over four years since 5.2.2022, the
Court directs the petitioner to be enlarged on bail in connection with
Sessions Trial no.325 of 2022, arising out of Halsi P.S. Case no.163
of 2015 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2235 of 2026(3) dt.13-02-2026
3/3
satisfaction of the learned A.D.J-1st, Lakhisarai on the following
conditions:-
1. The petitioner shall remain physically present in
Court on each date of the trial and shall cooperate in the trial.
2. In case the petitioner is absent on any single date
for reasons not to the satisfaction of the learned trial Court, the
learned trial Court may cancel the bail bond of the petitioner
and take him into custody till conclusion of the trial.
(Partha Sarthy, J)
Bibhash
U T
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