Patna High Court
Harishchandra Biswas @ Harishchand Bishwas @ Harichand Biswas @ Harichand B.versusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was denied as the petitioners faced serious charges supported by substantial evidence and had prior criminal antecedents.
Summary
The petitioners, Harishchandra Biswas and co‑accused, applied for anticipatory bail in a murder case registered as PS Case No. 202 of 2025, alleging false implication by a rival. The FIR alleged that they murdered the informant’s husband, with the informant, witnesses, a doctor’s opinion, and the inquest report supporting the prosecution. The petitioners claimed innocence and a clean background, while the State opposed the bail. The court examined the seriousness of the allegations, the corroborative evidence, and the petitioners' prior criminal records. Concluding that the circumstances did not merit the privilege of anticipatory bail, the court rejected the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioners given the nature of the allegations and evidence.
- Whether the presence of prior criminal antecedents and corroborative prosecution evidence justifies denial of bail.
Subjects
- anticipatory bail
- murder
- FIR
- criminal antecedents
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8935 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- MAHALGAON District- Araria
======================================================
Harishchandra Biswas @ Harishchand Bishwas @ Harichand Biswas @
Harichand B.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 103(1),
238, 308(4), 351(2) and 3(5) of the BNS, connection with
Mahalgaon P.S.Case No. 202 of 2025.
3. Learned counsel for the petitioners submits that the
petitioners are innocent and has falsely been implicated in the
present case at the instance of one Mahngu Biswas, against
whom the petitioner no.1 earlier had lodged two criminal cases.
The petitioners bear clean background.
4. The learned APP for the State has opposed the
Patna High Court CR. MISC. No.8935 of 2026(3) dt.22-04-2026
2/2
prayer for anticipatory bail of the petitioners.
5. From perusal of the record, it transpires that the
petitioners are named as accused in the FIR and there is direct
allegation against the petitioners of having murdered the
informant’s husband and threw his body besides the house. The
impugned order also takes notice of the fact that the informant
in her statement and the witnesses in their statements have fully
supported the prosecution case, and even the Doctor has opined
that the cause of death was due to asphyxia as a result of
hanging. The inquest report has also supported the prosecution
case. Both the petitioners are also having criminal antecedents.
6. Under these circumstances, I am not inclined to
grant the privilege of anticipatory bail to the petitioners and
hence it is rejected.
(Alok Kumar Sinha, J)
HR/-
U T
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