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Patna High Court

Ramchandra Saw @ Tota SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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