Patna High Court
Mahanand GohitmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Arms Act — s. 27
- B.N.S.S. — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 201, 306
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.
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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
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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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