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Patna High Court

Ram Lakhan SadaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioners.

Summary

The petitioners—Ram Lakhan Sada, his son Surendra Sada and daughter-in-law Punita Devi—filed an anticipatory bail application fearing arrest in a case concerning the death of Jhameli Sada, the brother‑in‑law of the informant. The FIR alleged that the deceased was beaten to death at his in‑laws' house and implicated the petitioners under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners argued that there was no eyewitness, that the sole injury was a single head wound, and that they, especially the 72‑year‑old father‑in‑law, could not have inflicted it; they also highlighted their clean record. The State opposed, contending that the house owner could not be absolved and that the petitioners fled the scene. The Court, after considering the allegations and the nature of the offence, declined to grant anticipatory bail, directing the petitioners to surrender and seek regular bail, and dismissed the application.

Issues considered

  • What is the appropriate test for granting anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in a murder‑type offence?
  • Whether the facts disclosed in the FIR and post‑mortem report justify denial of anticipatory bail to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • Bharatiya Nyaya Sanhita
  • Section 103
  • Section 3
  • post‑mortem report
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8426 of 2026
                    Arising Out of PS. Case No.-200 Year-2025 Thana- ALINAGAR District- Darbhanga
                 ======================================================
           1.     Ram Lakhan Sada, S/o Mangal Sada, R/o Village - Lilpur, P.S - Alinagar,
                  District - Darbhanga
           2.    Surendra Sada @ Surendra Saday, S/o Ram Lakhan Sada, R/o Village -
                 Lilpur, P.S - Alinagar, District - Darbhanga
           3.    Punita Devi @ Anita @ Sunita Devi, W/o Surendra Sada @ Surendra Saday,
                 R/o Village - Lilpur, P.S - Alinagar, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Chandra, Advocate
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   21-05-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State through virtual mode.

                                2. The petitioners are apprehending their arrest in

                   connection with Alinagar P.S. Case No. 200 of 2025, registered

                   for the offence(s) under Section(s) 103(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

                                3. As per the prosecution case, the informant filed an

                   FIR stating that her brother-in-law (Dewar), namely, Jhameli

                   Sada was married at village-Lilpur and used to stay at his

                   Sasural. It has been alleged that he had regular quarrel with his

                   wife, namely, Rubi Devi, father-in-law, mother-in-law, brother-
Patna High Court CR. MISC. No.8426 of 2026(4) dt.21-05-2026
                                            2/4




          in-law, namely, Surendra Sada (petitioner No. 2) and the wife of

          Surendra Sada, namely, Punita Devi (petitioner No. 3). It has

          further been alleged that the informant’s younger brother-in-law

          (Dewar) called her and informed that his brother namely,

          Jhameli Sada has been beaten to death by his in-laws. The

          informant reached the place of occurrence and found the dead-

          body of her brother-in-law (Dewar), namely, Jhameli Sada.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. It has been submitted that it is an admitted fact that

          there is no eye-witness to the alleged occurrence. It has further

          been submitted that petitioner No. 1 is the old father-in-law of

          the deceased, whereas petitioner Nos. 2 and 3 are brother-in-law

          and sister-in-law of deceased respectively. It has next been

          submitted that the present FIR has been lodged on the next day

          of the occurrence by the informant as an afterthought and all the

          family members of the wife of the deceased have been

          implicated in this case with false and fabricated allegations. It

          has also been submitted that the cause of death of the deceased

          was not known, however, from the perusal of the post-mortem

          report, it is evident that there was one injury found on the head

          of the deceased, which is said to have been caused by hard and
Patna High Court CR. MISC. No.8426 of 2026(4) dt.21-05-2026
                                               3/4




          blunt force. It has, thus, been submitted that petitioner No. 1

          being an old person of 72 years, cannot be attributed with the

          charge of assault and petitioner No. 3, who happens to be the

          sister-in-law (Dewrani) of the deceased and wife of petitioner

          No. 2 also, cannot be said to have assaulted the deceased. It is

          an admitted case that there was only a single injury on the head

          of the deceased and the mother-in-law and the wife of the

          deceased have already been granted regular bail by a co-ordinate

          Bench of this Court vide composite order dated 06.04.2026

          passed in Cr. Misc. Nos. 9890 of 2026 and 10149 of 2026. It

          has lastly been submitted that the petitioners have clean

          antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners and has submitted that the brother-in-law (Dewar) of

          the    informant       died     at     his   Sasural   under   mysterious

          circumstances and he had received one injury on his head,

          which was the root cause of his death and, therefore, petitioner

          No. 1, being the owner of the said house, cannot be absolved of

          the responsibility of the death of his son-in-law. It has further

          been submitted that the petitioners were not apprehended at the

          place of occurrence and the fact that only the wife of the
           Patna High Court CR. MISC. No.8426 of 2026(4) dt.21-05-2026
                                                       4/4




                     deceased, namely, Rubi Devi was found to be alone at the

                     house, goes on to show that the rest of the petitioners fled away

                     from the place of occurrence.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and taking into account the nature of allegations

                     levelled against the petitioners, this Court is not inclined to

                     grant them the liberty of anticipatory bail.

                                  7. The prayer for anticipatory bail of the petitioners is,

                     accordingly, rejected with a liberty to them to surrender before

                     the concerned Court/successor Court where the case is pending

                     and seek regular bail, which shall be considered on its own

                     merits, without being prejudiced by the present order, and the

                     same shall be considered/disposed of preferably on the same

                     day, if possible.

                                  8. The application stands dismissed.



                                                                  (Sourendra Pandey, J)
krishna/deepak/-

U      T


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