Patna High Court
Sheshnath sahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, given the absence of substantive incriminating evidence and the petitioner's willingness to cooperate, regular bail may be granted.
Summary
The petitioner, Sheshnath Sah, applied for regular bail in a case registered under Sections 328, 302 and 34 of the Indian Penal Code, alleging murder and assault. The prosecution alleged that the petitioner and co‑accused assaulted the informant's husband, forced him onto a motorcycle and later administered poison, leading to his death. The petitioner contended innocence, citing a post‑mortem report showing no injuries, lack of eyewitnesses placing him with the deceased, and no evidence of tampering, while offering to cooperate with the trial. The State opposed bail. After considering the submissions, the court ordered bail on condition of a Rs.10,000 bond with two sureties, finding the petitioner's arguments sufficient to justify release. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving alleged murder, assault and abetment of suicide under Sections 328, 302, 34 and 306 IPC.
Legislation cited
- Indian Penal Code — s. 302, 306, 328, 34
Subjects
- regular bail
- Indian Penal Code
- murder
- assault
- abetment of suicide
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8551 of 2026
Arising Out of PS. Case No.-343 Year-2022 Thana- BETTIAH CITY District- West
Champaran
======================================================
Sheshnath sah Son of Late Gauri Shankar Sah Resident of village- Kargahiya
(paschimi), Ps- Kalibagh District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bettiah Town (Kalibagh
O.P.) P.S. Case No. 343 of 2022 registered for the offences
punishable under Sections 328, 302 and 34 of the I.P.C.
3. As per the prosecution case, the petitioner along
with the co-accused persons arrived at the door of the informant
and asked to return the outstanding money, from her husband,
subsequently, they took the husband of the informant away on a
motorcycle. It is further alleged that at about 6:00 P.M., her
husband returned and informed the informant that the petitioner
and the co-accused persons had assaulted him and forcibly
Patna High Court CR. MISC. No.8551 of 2026(4) dt.21-04-2026
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administered poison to him. Upon hearing this, the informant
attempted to treat her husband using domestic remedies,
however, after some time he passed away.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
the present case. It has further been submitted that as per the
postmortem report there is no external or internal injury on the
person of the deceased (husband of the informant). It has also
been submitted that, upon returning home, the husband of the
informant stated that he had been assaulted by the petitioner and
other co-accused persons, and the poison had been administered
to him. However, despite having knowledge of his condition, no
steps were taken by the informant either to take him to the
nearest hospital or to inform the co-villagers, instead he was
treated at home. It has further been submitted that after thorough
investigation the police has submitted charge sheet under
Section 306 of the IPC and none of the witness has seen the
petitioner in the company of the deceased either going along
with him or at any point of time prior to his death. It has also
been submitted that there is no allegation of tampering with the
evidence and he undertakes to co-operate in the trial. Lastly, it
has been submitted that the petitioner has no criminal
Patna High Court CR. MISC. No.8551 of 2026(4) dt.21-04-2026
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antecedent and is in the custody since 04.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, West Champaran, in connection with
Bettiah Town (Kalibagh O.P.) P.S. Case No. 343 of 2022.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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