Patna High Court
Sanjiwan MusharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Sanjiwan Mushar and Munni Devi, sought regular bail in a case registered under sections 103, 238, 303(2) and 3(5) of the BNS for allegedly assaulting the husband of an informant with lathi and danda, leading to his death by drowning. The prosecution alleged that the assault caused the death, while the petitioners claimed innocence, arguing that the FIR was vague, the informant was not an eye‑witness, and the post‑mortem showed only superficial injuries with drowning as the cause of death. The petitioners also highlighted their lack of prior criminal record and that they had been in custody since 16‑03‑2025. The State opposed the bail, insisting on the seriousness of the offences. After considering the evidence and circumstances, the court decided to grant regular bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail can be granted to the accused under sections 103, 238, 303(2) and 3(5) of the BNS given the nature of the allegations and evidence.
- Whether the FIR sufficiently specifies the alleged overt acts against the petitioners.
- Whether the post‑mortem findings and cause of death undermine the prosecution's case of assault leading to death.
- Whether the petitioners' lack of criminal antecedent warrants bail.
Legislation cited
- BNS — s. 103, 238, 303(2), 3(5)
Subjects
- regular bail
- criminal procedure
- sections 103
- section 238
- section 303(2)
- section 3(5)
- assault
- homicide
- cause of death
- FIR
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89725 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- PIRO District- Bhojpur
======================================================
1. Sanjiwan Mushar S/O Late Mahangu Mushahar R/O Devchanda Mushahar
Tola, P.S- Piro, Distt.- Bhojpur.
2. Munni Devi W/O Sanjiwan Mushar R/O Devchanda Mushahar Tola, P.S-
Piro, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 103,
238, 303 (2) and 3 (5) of the BNS.
3. The case of the prosecution, in short, is that the
petitioners along with others had assaulted the husband of the
informant by means of ‘lathi’ and ‘danda’.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the FIR it is clear that the informant is not an
Patna High Court CR. MISC. No.89725 of 2025(3) dt.25-03-2026
2/3
eye witness to the occurrence. She came to know that her
husband was being assaulted by the petitioners and others. It is
further submitted that the nature of allegation in the FIR is
general and omnibus without any specific overt act against the
petitioners. It is further submitted that from perusal of the
postmortem report, it would transpire that the doctor, who
conducted the autopsy, found the following ante-mortem
injuries on the person of the deceased: abrasion over both
forearam, abrasion over neck, bruises present all over body,
lower abdomen, arm, forearm, lower limb, knee, thigh, fracture
of rib bone, fracture of skull bone. Both hand and leg banded
with towel, mud, sand over hand, leg and body. The doctor has
opined that the cause of death is submerged in water leading to
Asphyxia. It is further submitted that the ante-mortem injuries
are superficial in nature and cause of death being drowning
does not support the prosecution case, of assault leading to
death. Moreover, the petitioners are languishing in judicial
custody since 16.03.2025 having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
Patna High Court CR. MISC. No.89725 of 2025(3) dt.25-03-2026
3/3
bail. The above named petitioners are directed to be released on
bail in connection with Piro P.S. Case No. 75 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-VIII, Bhojpur at Ara.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…