Patna High Court
Suresh Das @ Suresh TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The court held that the allegations are prima facie true and therefore anticipatory bail cannot be granted.
Summary
The petitioners, Suresh Das and his two sons, sought anticipatory bail after an FIR was lodged under Sections 191(2), 115(2), 109, 126(2) and 3(5) of the Indian Penal Code alleging they brutally assaulted the son of informant Laxman Tanti, who later died from his injuries. The petitioners contended that the death was accidental, while the prosecution maintained it was a homicide. The High Court had earlier ordered a fresh investigation by the Deputy Superintendent of Police and granted interim protection. The Superintendent of Police submitted a report finding the allegations prima facie true. On this basis, the Court declined to extend relief and rejected the anticipatory bail application, stating that the order would not bind the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the FIR and the circumstances of the alleged homicide.
- Whether the facts disclosed by the police investigation establish a prima facie case of murder/culpable homicide.
- Whether the death of the victim can be treated as an accident as claimed by the petitioners.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2), 191(2), 3(5)
Subjects
- anticipatory bail
- Indian Penal Code
- murder
- culpable homicide
- criminal investigation
- interim protection order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65180 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Suresh Das @ Suresh Tanti S/O Laxman Das R/O Vill.- Tulapati, P.S.- Pipra,
District- Supaul
2. Sushil Kumar S/O Suresh Das @ Suresh Tanti R/O Vill.- Tulapati, P.S.-
Pipra, District- Supaul
3. Sunil Kumar S/O Suresh Das @ Suresh Tanti R/O Vill.- Tulapati, P.S.-
Pipra, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amar Nath Singh, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 18-02-2026 Heard Mr. Amar Nath Singh, learned counsel for the
petitioners and Mr. Jitendra Kumar Singh, learned APP for the
State.
2. The petitioners are apprehending arrest in
connection with Pipra P.S. Case No.48 of 2025 instituted under
Sections 191(2), 115(2), 109, 126(2), 3(5) of the Indian Penal
Code lodged on 22.02.2025 by the informant,Laxman Tanti.
3. As per the prosecution story, the informant alleges
that his son had gone to attend a function and later, it came to
the knowledge that all the accused persons including the
petitioners herein brutally assaulted his son. He was shifted in
Patna High Court CR. MISC. No.65180 of 2025(4) dt.18-02-2026
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an unconscious state to the hospital, the head was opened for
operation. This followed the FIR.
5. As the story unfolds, the victim subsequently
succumbed to the injuries. The police investigated the matter
and the lady, Naina Devi was taken into custody as also the
charge-sheet submitted against her.
6. Learned counsel for the petitioners earlier took a
plea that the deceased met with an accident but the Police in a
haste attributing allegation on the petitioners submitted charge-
sheet.
7. In that background, this Court on 26.11.2025,
directed the Superintendent of Police, Supaul to get the matter
investigated through the Deputy Superintendent of Police of the
said district and the petitioners undertook to cooperate and in
that background, interim protection was granted.
8. A counter affidavit has come on behalf of
Superintendent of Police, Supaul, according to which, the
deceased was having relationship with the daughter of the
Suresh Das (Punam Kumari-name changed). He was caught,
beaten, shifted to Primary Health Center and then to the hospital
but finally left this world. The counter affidavit also shows that
the tower location of the deceased and daughter of the petitoiner
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no.1 were found to be at the same place and further when the
police went to the place of the petitioner pursuant to the order of
this Court and were duty bound to cooperate in the
investigation, were found to be missing from the house.
9. As recorded above, the Court earlier on the plea of
the petitioners that it is an accident which has been given colour
of murder directed the S.P., Supaul to look into the matter and
get the same investigated in a proper manner. The S.P., Supaul
it has done a commendable job and has filed the report. As per
it, prima facie the allegation has been found to be true.
10. In that background, this Court do not deem it fit
and proper to extend relief to the petitioners.
11. The anticipatory bail application stands rejected.
12. Nothing recorded in the present order shall in any
way taken into consideration at any point of time by the Trial
Court which dealing with the case of the petitioners.
(Rajiv Roy, J)
Ravi/-
U T
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