Patna High Court
Ramchandra Saw @ Tota SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for regular bail, holding that the vague allegations and the petitioner’s status as father‑in‑law warranted release on bail.
Summary
The petitioner, Ramchandra Saw, applied for regular bail in a case registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging he poisoned the deceased over a dowry dispute. He has been in custody since 13 February 2026. The petitioner contended that the allegations were general and omnibus and that he is merely the father‑in‑law of the deceased, with only two of six witnesses examined. The State opposed the bail on the ground of the seriousness of the offence. The Court, noting the petitioner’s relationship to the victim, the vague nature of the allegations, and the length of custody, allowed the regular bail on a bond of Rs.10,000 with two sureties. The order expressly stated that the observations were prima facie and would not affect the trial’s merits.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the general and omnibus nature of the allegations and the petitioner’s relationship to the deceased justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- regular bail
- bail application
- dowry death
- Bharatiya Nyaya Sanhita
- criminal procedure
- prima facie observation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38652 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
Ramchandra Saw @ Tota Saw S/o Suga Saw R/V- Gappochak, PS-
Shakurabadh, Dist- Jehanabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Eashita Raj, Advocate
For the Opposite Party : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Shakurabad P.S. Case No.12 of 2025 registered
for the offence under Sections 103(1), 238 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner,
along with other co-accused persons, allegedly poisoned the
deceased due to non-fulfillment of dowry.
4. The petitioner is in custody since
13.02.2026.
5. Learned counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. It is further submitted that the allegation against the
petitioner is general and omnibus, and he is the father-in-law of
the deceased. In the trial, out of six witnesses, two witnesses
Patna High Court CR. MISC. No.38652 of 2026(2) dt.07-07-2026
2/2
have been examined.
6. Learned A.P.P. has vehemently opposed the
prayer for bail.
7. Considering the fact that the petitioner is the
father-in-law of the deceased and there is general and omnibus
allegation against him and also the period of custody of the
petitioner, this application for regular bail is allowed.
8. Accordingly, let the petitioner, 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 Court below where the case is
pending/successor Court in connection with Shakurabad P.S.
Case No. 12 of 2025.
9. It is made clear that any observation made
herein is prima facie in nature and is confined solely to the
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
pawan/-
U T
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