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Patna High Court

Chanda DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail must be granted as the post‑mortem report disproves the alleged causal link and the process under Section 82 was mechanically issued without proper justification.

Summary

Chanda Devi and Shinodh Ray sought anticipatory bail in a case alleging they assaulted Vakeel Sharma, who later died. The FIR alleged that the petitioners used a sword and other weapons, but the post‑mortem report recorded death as asphyxia due to heart disease with no external injuries. The petitioners argued that the police had mechanically issued process under Section 82 CrPC without a warrant and that the alleged assault could not be linked causally to the death. The State could not rebut the medical evidence or justify the procedural irregularity. Relying on the post‑mortem findings and the lack of a valid warrant, the Court granted anticipatory bail to both petitioners subject to Section 438(2) conditions.

Issues considered

  • Whether anticipatory bail should be granted when the alleged assault is not shown to have caused the victim's death.
  • Whether the post‑mortem report negates the prosecution's causation claim.
  • Whether the issuance of process under Section 82 CrPC without a warrant is valid.

Legislation cited

Subjects

  • anticipatory bail
  • post‑mortem report
  • causation
  • Section 82 CrPC
  • Section 438 CrPC
  • assault
  • procedural irregularity
  • gender

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.64203 of 2025
                       Arising Out of PS. Case No.-305 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Chanda Devi W/o Vinod Ray @ Vinod Kumar Ray Resident of Village-
                 Sabalpur Chaharam, P.S.- Sonepur, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 64599 of 2025
                       Arising Out of PS. Case No.-305 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Shinodh Ray S/O Late Chandrika Ray Resident of Village- Sabalpur
                 Chaharam, P.S.- Sonepur, Dist.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 64203 of 2025)
                 For the Petitioner/s     : Mr. Manoj Kumar
                 For the Opposite Party/s : Mr. Bharat Bhushan
                 (In CRIMINAL MISCELLANEOUS No. 64599 of 2025)
                 For the Petitioner/s     : Mr. Manoj Kumar
                 For the Opposite Party/s : Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   01-05-2026                   Cr. Misc. No.64203 of 2025

                               1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                               2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 191(2),
Patna High Court CR. MISC. No.64203 of 2025(7) dt.01-05-2026
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          191(3), 190, 126(2), 115(2), 109, 118(2), 303(2), 352, 351(2),

          351(3), 61(2), 3(5) of the B.N.S.,2023 and Section 103(1) BNS

          has been added later on and Section 27 of the Arms Act.

                       3. Learned counsel for the petitioner submits that

          petitioner is a person with clean antecedent and is a woman and

          the informant alleges that on 02.04.2025 at 09:00 AM, the

          accused persons came and Vijay Kumar, Binod Ray and

          petitioner started assaulting, on alarm Vakeel Sharma, Sangeeta

          Sharma and Radha came to save him when twelve named

          accused persons reached the place of occurrence and started

          assaulting him, thereafter Vinod Ray started assaulting him by

          spade causing injury on right hand, further also assaulted Vakeel

          Sharma by lathi and he fell,               thereafter petitioner assaulted

          Vakeel Sharma indiscriminately by sword causing injury on

          head, right hand and waist.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that from perusal of the allegation as alleged

          in the FIR it would manifest that informant alleges that the

          accused persons including the petitioner came and assaulted him

          and Vakeel Sharma and when Vakeel Sharma fell, the petitioner

          assaulted him indiscriminately by sword causing injury on right

          hand, head and waist. It is further submitted that injured Vakeel
Patna High Court CR. MISC. No.64203 of 2025(7) dt.01-05-2026
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          Sharma was taken to hospital, where he was admitted on

          02.04.2025 and thereafter was discharged on 07.04.2025 but

          after discharge, it appears that his health deteriorated as such he

          was again admitted in the hospital and subsequently he died

          after one month of the occurrence, it is thus submitted that it

          cannot be presumed that assault was the proximate cause of

          death. It is also submitted that postmortem report of Vakeel

          Sharma records cause of death as asphyxia resulting from heart

          disease and its complications. It is further submitted that

          postmortem report does not even remotely suggest that any

          external injuries were found on the body of Vakeel Sharma.

                       5. Learned A.P.P. and the learned counsel appearing

          on behalf of the informant are not in a position to rebut the

          submission of the learned counsel appearing on behalf of the

          petitioner that cause of death of Vakeel Sharma as recorded in

          the postmortem report is asphyxia resulting from heart disease

          and its complications and the postmortem report does not record

          external injury.

                       6. Learned counsel appearing on behalf of the

          informant next submits that process under section 82 Cr.P.C. has

          been issued against the petitioner. The learned APP also after

          perusing the case diary submits that from perusal of the
Patna High Court CR. MISC. No.64203 of 2025(7) dt.01-05-2026
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          supplementary case diary, it would manifest that the police

          obtained process under section 82 Cr.P.C. on 06.08.2025 but

          then it is submitted that from perusal of the case diary it does

          not appear that process under section 83 Cr.P.C. has been sought

          by the police. It is also submitted that process under section 82

          Cr.P.C. received by the I.O. on 06.08.2025 till 13.10.2025 was

          not executed. The learned APP thus submits that based on the

          said submission, the court had directed the Superintendent of

          Police to file supplementary counter affidavit, based on which,

          instruction has been received wherein it is recorded that

          appropriate action against the I.O. shall be taken if he is found

          guilty of committing dereliction of duty.

                       7. Learned counsel appearing on behalf of the

          petitioner submits that it absolutely does not stand to reason that

          as to what necessitated the police seeking process under section

          82 Cr.P.C. when she never received any bailable warrant or non-

          bailable warrant nor there is any service report on the record, it

          is thus submitted that in mechanical manner process under

          section 82 Cr.P.C. is being issued, without appreciating the facts

          of the casein its correct perspective. It is also submitted that no

          doubt the petitioner being woman is alleged to have assaulted

          Vakeel Sharma indiscriminately by sword causing injury after
Patna High Court CR. MISC. No.64203 of 2025(7) dt.01-05-2026
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          he fell but then the said allegation gets belied by the postmortem

          report but still the police was in a hurry. It is further submitted

          that if privilege of anticipatory bail is granted to the petitioner,

          the petitioner will not abscond rather will cooperate in the

          investigation to prove her innocence.

                       8. After hearing the learned counsel for the parties, the

          petitioner, above-named, in the event of her arrest or surrender

          within a period of six weeks, is directed to be released on

          anticipatory bail on her furnishing bail-bonds in the sum of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned C.J.M., Saran at

          Chhapra in connection with Sonepur P. S. Case No.305 of 2025,

          subject to the conditions laid down under Section 438(2) of the

          Cr.P.C.

                                 Cr. Misc. No.64599 of 2025

                       1. Heard learned counsel for the petitioner, learned

          A.P.P. for the State and the learned counsel appearing on behalf

          of the informant.

                       2. The petitioner apprehends his arrest in a case

          registered for the offences punishable under Sections 191(2),

          191(3), 190, 126(2), 115(2), 109, 118(2), 303(2), 352, 351(2),

          351(3), 61(2), 3(5) of the B.N.S.,2023 and Section 103(1) BNS
Patna High Court CR. MISC. No.64203 of 2025(7) dt.01-05-2026
                                            6/7




          has been added later on and Section 27 of the Arms Act.

                       3. Learned counsel for the petitioner submits that

          petitioner is a person with clean antecedent. It is further

          submitted that Chanda Devi had approached this Court seeking

          anticipatory bail by filing Cr. Misc. No.64203 of 2025 and the

          same came to be allowed by an order dated 01.05.2026 after

          considering the case on merits and in detail. It is also submitted

          that though in the FIR Chanda Devi is alleged to have assaulted

          Vakeel Sharma indiscriminately by sword leading to his death

          but as far as this petitioner is concerned, no specific allegation

          of assault is alleged against him. It is further submitted that

          Chanda Devi was granted the privilege of anticipatory bail on

          the ground that the postmortem report belied the allegation of

          assault as alleged in the FIR. It is also submitted that the case of

          the petitioner is on a better footing.

                       4. Learned A.P.P. and the learned counsel appearing

          on behalf of the informant are not in a position to rebut the

          submission of the learned counsel appearing on behalf of the

          petitioner that Chanda Devi has been granted the privilege of

          anticipatory bail after considering the case on merits and in

          detail.

                       5. After hearing the learned counsel for the parties, the
             Patna High Court CR. MISC. No.64203 of 2025(7) dt.01-05-2026
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                       petitioner, above-named, in the event of his arrest or surrender

                       within a period of six weeks, is directed to be released on

                       anticipatory bail on her furnishing bail-bonds in the sum of Rs.

                       10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned C.J.M., Saran at

                       Chhapra in connection with Sonepur P. S. Case No.305 of 2025,

                       subject to the conditions laid down under Section 438(2) of the

                       Cr.P.C.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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