Patna High Court
Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Mohan Kumar was arrested on 21 July 2025 in connection with a case of alleged poisoning of his sister-in-law, for which an FIR was lodged on 22 November 2024. He was charged under Sections 103 and 123 read with Section 3(5) of the B.N.S. and sought bail before the Patna High Court. The prosecution presented forensic evidence indicating the presence of aluminium phosphide, a highly poisonous grain preservative, in the victim's viscera, and argued that sufficient material linked the petitioner to the offence. The petitioner’s counsel contended that he had a clean antecedent and that the allegations were fabricated, emphasizing the lack of any witness examination to date. The Court, noting the seriousness of the alleged offence and the forensic findings, declined to grant bail, refusing the petitioner's prayer.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Sections 103, 123 and 3(5) of the B.N.S. given the forensic evidence?
- Does the presence of aluminium phosphide in the victim’s body constitute sufficient material to justify denial of bail?
Legislation cited
- B.N.S. — s. 103, 123, 3(5)
Subjects
- bail
- criminal procedure
- poisoning
- aluminium phosphide
- forensic analysis
- Sections 103, 123, B.N.S.
- post mortem
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85404 of 2025
Arising Out of PS. Case No.-592 Year-2024 Thana- SAKRA District- Muzaffarpur
======================================================
Mohan Kumar S/O Ratnesh Rai R/O Vill./Mohalla- Nagin Mushahari, P.S.-
Sakra, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 18-04-2026 Heard Mr. Shubhesh Pandey, learned counsel for the
petitioner and Mr. Surendra Prasad Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.07.2025 in connection with Sakra P.S. Case No. 592/2024,
F.I.R. dated 22.11.2024 for the offences punishable under
Sections 103, 123 read with Section 3(5) of the B.N.S.
3. According to prosecution case, on 12.11.2024, the
informant got to know that his sister has consumed poison, after
which in-laws of his sister escaped and no one could be found.
The informant alleges that the accused persons used to assault
her and threatened her to administer poison.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.85404 of 2025(5) dt.18-04-2026
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implicated in the present case. It appears from the F.I.R. that the
allegation against the petitioner is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
The petitioner is husband of the deceased.
5. Vide order dated 17.03.2026 a report was called
with regard to the present stage of trial. Report of the learned
Trial Court dated 01.04.2026 reveals that the no witnesses have
been examined as yet due to non-appearance of accused persons
and after framing of charge witnesses will be examined.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submitted that sufficient material has come during investigation
which shows the involvement of the petitioner in the alleged
occurrence. Opinion about cause of death in the post mortem
report was kept reserved, however, viscera were preserved in
saturated solution of common salt and were sent to FSL for
chemical analysis. Following viscera were preserved naming:
“(a) Stomach and its contents (b) A portion of lung (c) A
portion of liver (d) A portion of spleen (e) A portion of kidney.
(II) TSD was 12 to 24 hr. (III) Final opinion will be given when
chemical analysis report is available.” Further, the F.S.L Report
suggests that “ALUMINIUM PHOSPHIDE” was detected in
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the contents of glass jar as described above:
“Aluminium Phosphide commercially known as
‘CELPHOS’ is a severe gastro-intestinal irritant. It is commonly
used as grain preservative and is highly poisonous.”
7. Considering the nature of allegation in the FIR
which is supported from the FSL Report, I am not inclined to
enlarge the petitioner on bail in connection with Sakra P.S. Case
No. 592/2024 pending in the court of learned A.C.J.M.15th,
East Muzaffarpur.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
atul/-
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