Created by Fuzzy Cloud

Patna High Court

Shankar SawversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioners.

Summary

Shankar and Mithilesh applied for anticipatory bail in a case involving the murder of an informant's son, with offences under Sections 341, 323, 307, 302 and 324/34 IPC. The petitioners were not named in the FIR, but the informant later identified them in a re‑statement, alleging their involvement. The State opposed bail, arguing that investigation revealed a possible motive, an extra‑marital relationship, and that custodial interrogation was necessary, also noting a Section 82 CrPC process against them. The petitioners contended that no suspicion was initially recorded against them. The Court, after considering the submissions, declined to grant anticipatory bail, emphasizing the need for further investigation and the seriousness of the charges.

Issues considered

  • Whether anticipatory bail can be granted when the accused are not named in the FIR but later implicated by the informant.
  • Whether the seriousness of offences under Sections 341, 323, 307, 302 and 324/34 IPC precludes anticipatory bail.
  • Whether the requirement of custodial interrogation under investigation justifies denial of bail.
  • Whether the issuance of a Section 82 CrPC process affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • murder
  • assault
  • investigation
  • Section 82 CrPC
  • bail denial
  • extramarital affair

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67092 of 2025
                      Arising Out of PS. Case No.-646 Year-2023 Thana- GAURICHAK District- Patna
                 ======================================================
           1.     Shankar Saw S/O Dukhit Saw Resident of Village- Ramnagar Diyara, P.S.-
                  Athmalgola, District- Patna
           2.    Mithilesh Saw S/O Dukit Saw Resident of Village- Ramnagar Diyara, P.S.-
                 Athmalgola, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Adv.
                 For the Opposite Party/s :       Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   31-03-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in Gaurichak P. S. Case No.646 of 2023 registered for the

                   offences punishable under Sections 341, 323, 307, 302 and

                   324/34 of the Indian Penal Code.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of two cases, but then, the

                   said cases are under Section 498A of the I.P.C. and petitioner

                   no.2 has antecedent of one case and the informant alleges that

                   her son along with her co-villager Arvind had come to Patna and

                   were selling sugarcane juice, on 26.10.2023, Arvind informed
Patna High Court CR. MISC. No.67092 of 2025(4) dt.31-03-2026
                                            2/4




          that her son is ill and has been admitted in Icon Hospital,

          accordingly, informant sent an amount of Rs.10,000/- for her

          son’s treatment, further, at 9.00 A.M. on 26.10.2023, she was

          informed that her son died, accordingly, she came to the hospital

          and saw the dead body of her son and Arvind disclosed that four

          unknown accused after having sugarcane used did not pay the

          amount and asked the deceased to come near Gaurichak Bridge,

          if he wants money, accordingly, the deceased went to the place

          of occurrence, where he was assaulted by four unknown accused

          leading to his death.

                       4. The learned counsel for the petitioners submits that

          petitioners are not named in theFIR nor the informant in her re-

          statement disclosed the name of the petitioner nor raised any

          suspicion against them but then subsequently one and half years

          after the occurrence the informant disclosed the name of the

          petitioners     raising     suspicion       against   them   about   their

          involvement in the occurrence of killing of her son.

                       5. The learned APP opposes the anticipatory bail

          application of the petitioners and fairly submits that though

          petitioners are not named in the FIR nor the informant in her re-

          statement disclosed their name but then during the course of

          investigation, a fact transpired i.e. Arvind’s wife was having an
Patna High Court CR. MISC. No.67092 of 2025(4) dt.31-03-2026
                                            3/4




          extra marital relation with the deceased and the informant was

          aware of the said relationship, as such she had sent the deceased

          to Haryana but after sometime Arvind met the informant and

          asked her to forget what happened and also pestered her to send

          the deceased to Patna along with him for selling juice. It is next

          submitted that thereafter the son of the informant came to Patna

          along with Arvind and thereafter the occurrence was committed.

          It is submitted that Arvind is even absconding and the name of

          the petitioners transpired during the course of investigation

          being co-villager of Arvind that they were also involved in the

          occurrence of killing of the deceased. It is further submitted that

          Arvind even had motive of committing the occurrence of killing

          the deceased since he was having an affair with his wife and his

          wife despite being aware that Arvind and the informant were

          knowing her relationship with the deceased still used to talk to

          the deceased as stated by the informant in her re-statement

          recorded at Para-22 of the case diary. The learned APP next

          submits that what is not in dispute rater stands admitted is that

          the son of the informant died but then who killed the deceased is

          an aspect of investigation for which custodial interrogation is

          required. It is also submitted that process under Section 82

          Cr.P.C. has been issued against the petitioners and Arvind.
             Patna High Court CR. MISC. No.67092 of 2025(4) dt.31-03-2026
                                                         4/4




                                    6. Considering the submissions made by the learned

                       APP, the Court is not inclined to extend the privilege of

                       anticipatory bail to the petitioners.

                                    7. The anticipatory bail application of the petitioners

                       is rejected.



                                                 (Satyavrat Verma, J)
amit/-

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.