Patna High Court
Guddu Das @ Shiva DasversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5), 85
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
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