Patna High Court

Jayotish Thakur @ Jyotish ThakurversusThe State Of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Bail was granted to the petitioner with conditions of bond and sureties.

Summary

The petitioner, Jayotish Thakur, was charged under Sections 123 and 103(1) of the BNS for allegedly providing poison‑laced food that led to the death of a woman related to the informant. The petitioner, husband of the deceased, claimed innocence, asserting no history of cruelty and that he was falsely implicated. The informant, father of the deceased, alleged that the petitioner had a quarrel and that the victim consumed the poisonous substance. The prosecution opposed bail, while the petitioner’s counsel argued lack of motive and insufficient evidence. The court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation and regular court appearances. The bail may be cancelled if the petitioner fails to appear on two consecutive dates without valid cause.

Issues considered

Whether bail should be granted to the accused in a case under Sections 123 and 103(1) of the BNS involving alleged poisoning and death.

Legislation cited

BNS — s. 103(1), 123

Subjects

bail
criminal procedure
poisoning
murder
Sections 123 BNS
Section 103(1) BNS
high court
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59837 of 2025
                     Arising Out of PS. Case No.-111 Year-2024 Thana- KAJRAILI District- Bhagalpur
                 ======================================================
                 Jayotish Thakur @ Jyotish Thakur S/O Photo Thakur @ Foto Thakur
                 Resident Of Shokhar, Ward No. 6, P.S.- Kajreli, Dist.- Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Prakash Dwivedi
                 For the Opposite Party/s :       Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-123, 103(1) of BNS.

                                3. The petitioner is husband of the deceased whereas the

                   informant is father of the deceased. It is alleged that the accused-

                   petitioner provided food laced with poisonous substance to the

                   daughter of the informant, as a result of which, she became

                   motionless and died.

                                4. Learned Senior Counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in the

                   present case. The marriage of the deceased was solemnized 10 years

                   prior to the occurrence and there was no occasion suggesting the

                   cruelty to the deceased at the behest of the petitioner.
            Patna High Court CR. MISC. No.59837 of 2025(4) dt.21-01-2026
                                                        2/2




                                   4. Learned APP has opposed the prayer for bail.

                                   5. Ten years daughter of the deceased in paragraph-6 of

                      the case diary has stated that on the date of occurrence, her father

                      (petitioner) came and asked for tobacco from her mother to which,

                      she could not reply and some quarrel had taken place. Thereafter, her

                      mother consumed poisonous substance.

                                   6. Considering the aforesaid facts and circumstances, let

                      the petitioner named above, 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 learned Judicial Magistrate-Ist

                      Class/concerned court, Bhagalpur in connection with Kajreli P.S.

                      Case No. 111 of 2024 with the following condition:

                                   (i) The petitioner shall cooperate with the trial and make

                      himself available as and when required by the court.

                                   (ii) The petitioner will appear in the court below on each

                      and every date fixed in the case and if, he fails to do so on two

                      consecutive dates unless he is prevented by extremely adverse

                      circumstances, the learned court below shall be at liberty to cancel

                      the bail bonds of the petitioner.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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