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Patna High Court

Sanjiwan MusharversusThe State of Bihar

Decided
Disposal
ALLOWED

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


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