Created by Fuzzy Cloud

Patna High Court

Guddu Das @ Shiva DasversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail could not be granted as the petitioner is the main accused and the forensic report confirms the presence of a lethal poison.

Summary

Guddu Das (also known as Shiva Das), the husband of a woman who died under suspicious circumstances, applied for bail in a case registered under Sections 85, 103 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging that his wife had committed suicide and that he was falsely implicated. The prosecution contended that the deceased was killed by the petitioner, who allegedly subjected her to cruelty, and presented a forensic report showing zinc phosphide, a lethal poison, in the victim’s viscera. The petitioner’s counsel argued lack of motive and the suicide theory, while the State’s counsel emphasized the seriousness of the charges and the poison evidence. The court examined the forensic findings, the petitioner’s status as the main accused, and the nature of the offences, and concluded that granting bail would be inappropriate. Consequently, the court rejected the bail application.

Issues considered

  • Whether bail should be granted to the petitioner accused of murder and cruelty under Sections 85, 103 and 3(5) of the B.N.S., 2023 in view of the forensic evidence of poison.
  • Whether the allegation of suicide by the petitioner raises sufficient doubt to merit bail.

Legislation cited

Subjects

  • bail
  • murder
  • poison
  • zinc phosphide
  • domestic cruelty
  • forensic report
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62836 of 2025
                   Arising Out of PS. Case No.-1021 Year-2024 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Guddu Das @ Shiva Das S/o Safik Das @ Safeel Das Resident of Village-
                 Erki, P.S. and Distt- Jehanabad

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Ataul Haque, Advocate
                 For the Opposite Party/s :      Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   19-02-2026                    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 85, 103, 3(5) of the

                   B.N.S., 2023.

                                   3. As per the prosecution case, the petitioner along

                   with other co-accused persons is said to have killed the

                   daughter of the informant.

                                   4. The learned counsel for the petitioner submits

                   that the petitioner, who is the husband of the deceased, has

                   been falsely implicated in this case and as a matter of fact, the

                   deceased had herself committed suicide and the F.I.R. has been

                   registered only on account of suspicion. It has been further

                   submitted that the deceased was married to the petitioner
            Patna High Court CR. MISC. No.62836 of 2025(5) dt.19-02-2026
                                                        2/2




                      twelve years ago. The petitioner is in custody since 15.05.2025

                      and charges have been framed.

                                   5. Learned APP for the State opposed the grant of bail

                      on the ground that the petitioner is husband of the deceased and

                      the present case is not only under Section 103 of B.N.S. but also

                      under Section 85 of the B.N.S., which shows that he had been

                      subjecting his wife to cruelty and torture.

                                   6. The FSL report received in the records of the case,

                      indicates that Zinc Phosphide was detected in the viscera which

                      is commonly used for killing rat and is highly poisonous in

                      nature.

                                   7.    Taking      into     consideration   the   facts   and

                      circumstances and considering the fact that the petitioner is the

                      main accused, being the husband of the deceased, and also

                      considering the FSL report disclosing presence of poison in the

                      viscera report, this Court is not inclined to grant privilege of bail

                      to the petitioner. Accordingly, the prayer for bail of the

                      petitioner is hereby rejected in connection with Jehanabad P.S.

                      Case No.1021 of 2024.


                                                    (Soni Shrivastava, J)

anand/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.