Patna High Court
Shibu Raut @ Shiv RautversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Petitioners Shibu Raut and Dhanmanti Devi sought anticipatory bail fearing arrest in a case registered under Sections 304/34, 323, 302, 504 and 506/34 of the Indian Penal Code. The prosecution alleges that the husband of an informant was killed during a money dispute after attempting to recover a loan, and two witnesses claim the petitioners assaulted the deceased, causing his death. The petitioners contend they are not named in the FIR, were only identified during investigation, and that the deceased died after falling while intoxicated; they also note that the deceased's mother has not implicated them and they have clean antecedents. The State opposed bail, relying on the witness testimonies. Considering the seriousness of the allegations and the material on record, the Court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations under Sections 304/34, 323, 302, 504 and 506/34 IPC.
Legislation cited
- Indian Penal Code — s. 302, 304, 323, 34, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- murder
- assault
- loan dispute
- bail refusal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84060 of 2025
Arising Out of PS. Case No.-171 Year-2024 Thana- SONBERSA District- Sitamarhi
======================================================
1. Shibu Raut @ Shiv Raut Son of Jogi Raut Resident Of Village -Ghurghura,
Ward No 3, Ps- Sonbarsa, Dist- Sitamarhi
2. Dhanmanti Devi @ Samtoliya Devi Wife of Shibu Raut @ Shiv Raut
Resident Of Village -Ghurghura, Ward No 3, Ps- Sonbarsa, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Sonbarsa P. S. Case
No. 171 of 2024 registered for the offences punishable under
Sections 304/34 of the Indian Penal Code to which Sections
323, 302, 504, 506/34 IPC were added later on.
3. As per prosecution case, on 09.06.2024 at about 3
PM, husband of the informant went to the house of co-accused
Virendra Mahto to take back amount of Rs. 2 lacs which were
earlier lent to him by the husband of informant but later on, she
came to know that her husband had been killed. Informant
suspects that the F.I.R. named accused persons killed her
Patna High Court CR. MISC. No.84060 of 2025(3) dt.20-02-2026
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husband due to money dispute.
4. Learned counsel for the petitioners submits that
petitioners are not named in the F.I.R. and their names
transpired during investigation. During course of investigation,
it has also come that at the relevant time, deceased, being drunk,
fell down and received injury, leading to his death. Moreover,
mother of the deceased has not named these petitioners or
alleged anything against these petitioners. Petitioners claim
clean antecedent.
5. However, learned A.P.P. for the State vehemently
opposed the bail application and submitted that during
investigation, two witnesses, namely, Pachu Manjhi and Dupad
Manjhi stated that these petitioners assaulted the deceased as a
result of which, he died.
6. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the
petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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