Patna High Court

Jairam BhagatversusThe State of Bihar

Decided: 10 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that, in view of the absence of ante‑mortem injuries, the deceased’s self‑administered poison ingestion and the petitioner’s clean antecedent, the petitioner is entitled to regular bail.

Summary

Jairam Bhagat was arrested in connection with the death of his wife, Indu Devi, under sections 108 and 3(5) of the BNS. The prosecution alleged that the deceased was assaulted and later died, while the defence argued that the post‑mortem showed no ante‑mortem injuries and that she had ingested poison herself. Statements of the deceased’s children indicated a dispute but no direct involvement of the petitioner. The petitioner had no prior criminal record and had been in judicial custody since 2 August 2025. Considering the lack of incriminating evidence and the clean antecedent, the court ordered his release on regular bail upon furnishing a bond with sureties.

Issues considered

Whether the petitioner is entitled to regular bail in a case under sections 108 and 3(5) of the BNS
Whether the evidence on record establishes a prima facie case against the petitioner

Legislation cited

BNS — s. 108, 3(5)

Subjects

regular bail
criminal procedure
murder
poison
postmortem report
no antecedent
sections 108
section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89124 of 2025
                         Arising Out of PS. Case No.-117 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Jairam Bhagat Son of Late Jagat Bhagat @ Ajay Bhagat R/o Village- Pareb,
                 P.S.- Bihta, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prem Ranjan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 108 and

                   3(5) of BNS.

                                3. The case of the prosecution is that the daughter of

                   the informant, namely, Indu Devi (deceased) was married to the

                   petitioner fifteen years ago. On 20.02.2025, he received

                   information by the petitioner that Indu Devi has died. After that,

                   the family members of the deceased went to her matrimonial

                   house, they found the deceased lying dead and the in-laws have

                   fled from place of occurrence. In FIR itself, it is clear that as she

                   was subjected and was being assaulted, she herself has

                   consumed poison.
Patna High Court CR. MISC. No.89124 of 2025(3) dt.10-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          postmortem report, it will transpire that the doctor conducting

          the autopsy has not found any ante-mortem injuries on the

          person of the deceased and has noted that froth was coming out

          from the mouth. During course of investigation, two kids of the

          deceased aged about 14 and 12 years have given their

          statements and have stated that there has been some dispute

          between the deceased and the petitioner and the petitioner went

          to sell flower at Patna and the deceased consumed poison.

          Learned counsel has further submitted that there is no role of

          this petitioner in the alleged occurrence and the deceased has

          herself consumed poison. A statement has been made in para-3

          of this petition that the petitioner has got no criminal antecedent.

          Moreover, he is languishing in judicial custody since

          02.08.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named
            Patna High Court CR. MISC. No.89124 of 2025(3) dt.10-03-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Bihta P.S. Case No. 117 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Additional Chief Judicial

                      Magistrate-II, Danapur, Patna.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

Continue reading with your account

Checking your session…