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Patna High Court

Pacchu Saw @ Pachu SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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