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Patna High Court

Ajay DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Ajay Das, was arrested in connection with a murder case (Case No. 1055/2023) alleging that he killed his wife, offences under Sections 302 and 306 of the Indian Penal Code. The prosecution claimed he was the husband and perpetrator, while the defence argued that the deceased had ingested rodenticide, that a prior unnatural death case was registered, and that no external injuries were found, suggesting suicide. The defence highlighted the forensic report confirming rodenticide in the body and the petitioner's clean antecedent, and he undertook to cooperate with the trial. The Additional Public Prosecutor opposed bail, but the court considered the lack of incriminating evidence and the petitioner's circumstances. Accordingly, the court granted regular bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted in a case of murder and attempt to cause death where the evidence points to possible suicide and lack of external injuries

Legislation cited

Subjects

  • bail
  • murder
  • suicide
  • Indian Penal Code
  • Section 302
  • Section 306
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89944 of 2025
                  Arising Out of PS. Case No.-1055 Year-2023 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Ajay Das S/O Mangal Das R/O Vill.- Dhurgaon, Ward No. 10, P.s.-
                 Madhepura (Bharrahi Op), Dist.- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr.Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   31-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Madhepura (Bharrahi O.P.) Case No. 1055/2023 registered for

                   the offences punishable under Sections 302 and 306 of the

                   Indian Penal Code

                                3. As per the prosecution case, petitioner is the

                   husband of the deceased and he is alleged to have killed the

                   deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that initially a

                   U.D. case was registered             after     the deceased consumed

                   rodenticide but subsequently, during investigation of the U.D.
              Patna High Court CR. MISC. No.89944 of 2025(4) dt.31-03-2026
                                                          2/2




                        case, the present FIR was filed at the instant of the family

                        members of the deceased and during investigation also, no

                        external injury has been found on the body of the deceased.

                        From the FSL report, it appears that rodenticide has been found

                        in the body of the deceased and independent witnesses have also

                        said that the deceased has committed suicide by consuming

                        poison. Petitioner has clean antecedent and he is in custody

                        since 22.03.2025. The petitioner undertakes to co-operate in the

                        case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Additional District and Sessions

                        Judge- IIIrd, Madhepura /concerned Court below in connection

                        with Madhepura (Bharrahi O.P.) Case No. 1055/2023.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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