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Patna High Court

Triloki Nath GoswamiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the circumstances indicated a prima facie case of murder.

Summary

The petitioner, Triloki Nath Goswami, was named in an FIR for the murder of Basuki Nath Goswami, the husband of the informant. The informant alleged that the petitioner and co‑accused killed her husband, while the petitioner claimed only suspicion, stating they were friends who had consumed alcohol and a heavy meal, leading to natural death. The State highlighted that the petitioner was present with the deceased immediately before death and that the post‑mortem report showed signs of an unnatural death, such as blood and froth from the nose and mouth. The petitioner sought anticipatory bail, asserting a clean antecedent and lack of evidence. The Court, after considering the post‑mortem findings and the petitioner’s presence at the time of death, rejected the anticipatory bail application, concluding that the circumstances suggested a prima facie case of murder.

Issues considered

  • Whether anticipatory bail can be granted when the accused was present with the deceased immediately before death and the post‑mortem indicates an unnatural death.
  • Whether mere suspicion and lack of direct evidence are sufficient to deny anticipatory bail under the Indian Penal Code.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • post‑mortem report
  • suspicion
  • Indian Penal Code
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54596 of 2025
                      Arising Out of PS. Case No.-55 Year-2025 Thana- PAUTHU District- Aurangabad
                 ======================================================
                 Triloki Nath Goswami S/o Vishwamitra Goswami R/o Village- Sihadi, P.S.-
                 Haspura, District- Aurangabad
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Pandey, Adv
                 For the Opposite Party/s :       Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
5   06-01-2026                   Heard the parties.

                                2.The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Pouthu P.S. Case No.

                   55 of 2025 registered for the offences punishable under Sections

                   103(1), 238 and 238(5) of the BNS.

                                3. As per FIR, the informant who is the wife of the

                   deceased raised suspicion that this petitioner and other co-accused

                   persons committed murder of her husband namely Basuki Nath

                   Goswami. It is alleged that deceased was admittedly with

                   petitioner and the report of death was given over telephone to

                   informant by this petitioner only.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that save and except suspicion nothing

                   appears available against this petitioner and petitioner being friend

                   of deceased husband of informant were together and consumed

                   alcohol and meat and due to heavy diet husband of informant died.
               Patna High Court CR. MISC. No.54596 of 2025(5) dt.06-01-2026
                                                           2/2




                         It is submitted that information was given by this petitioner to the

                         informant regarding the occurrence. While concluding argument, it

                         is submitted that petitioner is a man of clean antecedent.

                                      5. Learned APP while opposing the prayer of bail

                         submitted that admittedly the petitioner was with deceased

                         husband of informant, where post-mortem report speaks that

                         “blood and froth coming out from nose and mouth, tongue

                         protruded and dark, eyes closed eyelid swelled and red

                         conjunctiva”, suggesting that physical assault cannot be ruled out,

                         though fairly conceded that viscera was preserved for forensic and

                         histopathology examination.

                                      6. In view of aforesaid factual submission as admittedly

                         petitioner was present with deceased husband of informant

                         immediately preceeding his death, where post-mortem report also

                         suggest that death appears prima-facie unnatural contrary to the

                         information supplied by petitioner to the informant over phone as

                         per FIR, accordingly prayer of anticipatory bail of above named

                         petitioner stands rejected.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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