Patna High Court
Suchun DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioners—Suchun Devi, Sanjay Sah, Ranjay Sah and Angad Sah—were charged under Sections 126(2), 115(2), 118(1), 103 and 109 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting the father‑in‑law of an informant, who later died. The prosecution alleged that the accused used lathis, rods and a knife, while the petitioners contended they were falsely implicated and that the post‑mortem report showed only a single lacerated wound with no definitive cause of death. The court noted the absence of injuries directly attributable to the petitioners, the pending viscera report, the background of a private dispute, the petitioners’ clean antecedent and the fact that a charge‑sheet had already been filed. Considering these factors and the length of custody since 16‑07‑2025, the court ordered the release of the petitioners on bail. Bail was granted on a bond of Rs.10,000 with two sureties and subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 in view of the evidentiary gaps and the circumstances of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109 r/w Section 3(5), 115(2), 118(1), 126(2), 480(3)
Subjects
- bail
- assault
- homicide
- post‑mortem report
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 480(3)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78533 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
1. Suchun Devi W/o Sanjay Sah Resident of Village - Dewapur, Shekh Purdil
Tola, P.S - Manjhagarh, District - Gopalganj,
2. Sanjay Sah S/o Tapan Sah Resident of Village - Dewapur, Shekh Purdil Tola,
P.S - Manjhagarh, District - Gopalganj,
3. Ranjay Sah @ Ranjan Sah S/o Sanjay Sah Resident of Village - Dewapur,
Shekh Purdil Tola, P.S - Manjhagarh, District - Gopalganj,
4. Angad Sah S/o Sanjay Sah Resident of Village - Dewapur, Shekh Purdil
Tola, P.S - Manjhagarh, District - Gopalganj,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rampravesh Nath Tiwari, Advocate
Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Manjhagarh P.S. Case No. 262 of 2025
registered for the alleged offences under Sections 126(2),
115(2), 118(1), 103 and 109 r/w Section 3(5) of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other co-
accused persons assaulted the father-in-law and the brother-in-
law of the informant with lathi, danda, rod and knife. The
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father-in-law of the informant succumbed to his injuries during
treatment. The occurrence took place in the background of
previous dispute between the parties.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. The allegations are false and concocted. The
postmortem report of the father-in-law of the informant shows
only one injury which is a lacerated wound on the frontal region
of head of size 2” x 1/6”x bone deep and the prosecution story
gets falsified as there is allegation against 7 persons for
assaulting the father-in-law of the informant and there are no
corresponding injuries. Moreover, cause of death has not been
ascertained in the postmortem report and the opinion has been
reserved till receipt of viscera report. It shows the death has not
been caused by any assault. The petitioners are in custody since
16.07.2025 and charge-sheet has been submitted. Further
custodial interrogation is not required. The petitioners have got
no criminal antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that there
is specific allegation against the petitioner that they assaulted
the father-in-law of the informant who died during his
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treatment.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injuries attributed to the petitioner and further
considering no opinion regarding cause of death in the
postmortem report and also considering the nature of allegation
and the background of dispute and further considering the
period of custody of the petitioners and their clean antecedent
along with submission of charge-sheet, the petitioners above
named are directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Gopalganj/court concerned in connection with
Manjhagarh P.S. Case No. 262 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
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bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U
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