Patna High Court
Ajay DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 302, 306
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
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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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