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Patna High Court

Mahanand GohitmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions imposed under Section 438 CrPC read with Section 482 B.N.S.S.

Summary

The petitioners, three brothers, feared arrest in connection with the death of their youngest brother, who was alleged to have shot himself. The prosecution charged them under IPC sections 306 and 201 and Arms Act section 27, alleging they instigated the suicide. The petitioners contended that they were falsely implicated, pointing out the lack of any allegation of torture, the deceased’s inebriated state, and that the FIR was signed by the widow without reference to them. They applied for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the B.N.S.S. The High Court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs 10,000, two sureties, personal presence in court on each trial date, and verification of criminal antecedents. The application was disposed of, with a note that the order’s observations would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S.S. despite the allegations under IPC 306, 201 and Arms Act 27.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • IPC 306
  • IPC 201
  • Arms Act 27
  • false implication
  • suicide
  • brother homicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69046 of 2025
                       Arising Out of PS. Case No.-42 Year-2022 Thana- BHIMPUR District- Supaul
                 ======================================================
           1.     Mahanand Gohitman S/o Late Manmohan Gohitman R/o Village - Thuthi,
                  Ward No. 09, P.S - Bhimpur, District - Supaul
           2.    Brahmanand Gohitman S/o Late Manmohan Gohitman R/o Village - Thuthi,
                 Ward No. 09, P.S - Bhimpur, District - Supaul
           3.    Umanand Gohitman S/o Manmohan Gohitman R/o Village - Thuthi, Ward
                 No. 09, P.S - Bhimpur, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Naresh Kumar Mehta, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   21-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Bhimpur P.S. Case No. 42 of 2022 registered for the

                   offences under Sections 306/201 of the I.P.C. and under Section

                   27 of the Arms Act.

                                3. As per the prosecution case, the informant/

                   petitioner no. 3 in the present case, has stated that while all the

                   three brothers (petitioners) were sitting together, they heard that

                   their youngest brother, namely, Parmanand Gohitman has killed

                   himself by a firearm.
Patna High Court CR. MISC. No.69046 of 2025(4) dt.21-01-2026
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                       4. Learned counsel for the petitioners submit that the

          petitioners have falsely been implicated in the present case at

          the behest of the police on mere presumption that the deceased

          might have committed suicide on their instigation. It has further

          been submitted that from perusal of the F.I.R., it would be

          evident that the wife of the deceased had also Signed the F.I.R.

          and nothing has been stated about the involvement of the

          petitioners of any kind of torture committed by them leading to

          the suicide of the youngest brother of the petitioners. It has also

          been submitted that from the perusal of the case diary, nothing

          has come on record to suggest that the petitioners had ever

          caused any pressure upon the deceased so as to show that the

          deceased would commit such a crime. He next submitted that

          the deceased was found to be in an inebriated condition when he

          fired the bullet which was found in the body of the deceased. It

          has lastly been submitted that the three petitioners who are the

          own brothers of the deceased have been made an accused

          merely on suspicion and the petitioner nos. 1 and 2 have one

          criminal case against their name on which they are on bail,

          while petitioner number 3 carries clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.
Patna High Court CR. MISC. No.69046 of 2025(4) dt.21-01-2026
                                            3/4




                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Bhimpur P.S. Case

          No. 42 of 2022 subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of B.N.S.S. as well as subject to

          the following conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioners will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioners are found involved in similar

                          nature of offence in future, the prosecution shall be
           Patna High Court CR. MISC. No.69046 of 2025(4) dt.21-01-2026
                                                       4/4




                                     at liberty to move for cancellation of his bail bond.

                                     (v) The learned Court below shall verify the

                                     criminal antecedent of the petitioners and in case at

                                     any stage it is found that the petitioners have

                                     concealed their criminal antecedents, the court

                                     below shall take step for cancellation of bail bond

                                     of the petitioner. However, the acceptance of bail

                                     bonds in terms of the above-mentioned order shall

                                     not be delayed for purpose of or in the name of

                                     verification.

                                  7. Accordingly, the present application           stands

                     disposed of.

                                  8. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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