Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, Ganesh Chaudhry and Usha Devi, were implicated in a case under Sections 103(1), 123 and 3(5) of the Bhartiya Nyaya Sanhita for allegedly administering poison to the informant's son, Bittu Kumar, who later died. The prosecution alleges that the petitioners' son, Raushan Kumar, stole jewellery, met Bittu Kumar, and that the petitioners threatened and later poisoned him, while the defence contends that the death was a suicide and the petitioners were falsely implicated. The State opposed anticipatory bail, citing forensic evidence of nail and lip discoloration suggesting poison administration. The petitioners argued lack of a body in their house and witness statements supporting suicide, seeking relief from arrest. The Court, after considering the conflicting testimonies, found the evidence insufficient to deny bail and granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order directs the petitioners to furnish a bail bond of Rs.10,000 with two sureties each if arrested within four weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the FIR alleging murder by poisoning
- Whether the evidence on record establishes a prima facie case against the petitioners
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 103(1), 123, 3(5)
Subjects
- anticipatory bail
- false implication
- suicide
- poison
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- theft
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90528 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- FESHAR District- Aurangabad
======================================================
Ganesh Chaudhry @ Janesh Chaudhry
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 90229 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- FESHAR District- Aurangabad
======================================================
Usha Devi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 90528 of 2025)
For the Petitioner/s : Mr. Arvind Kumar Singh
For the Opposite Party/s : Mr. Nand Kishore Prasad
(In CRIMINAL MISCELLANEOUS No. 90229 of 2025)
For the Petitioner/s : Mr. Arvind Kumar Singh
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 21-04-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Feshar Police Station Case No. 40 of 2025, dated
17.04.2025, disclosing offences under Sections
103(1)/123/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
Patna High Court CR. MISC. No.90528 of 2025(4) dt.21-04-2026
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is that on 04.04.2025, the son of the petitioners, namely,
Raushan Kumar, committed theft of jewellery from his
house and went to the market for selling it. On way he
met informant’s son, namely, Bittu Kumar (deceased) and
thereafter both of them went to jeweller’s shop. In the
meanwhile the jeweller informed the petitioner-Ganesh
Choudhary @ Janesh Choudhary about selling of
jewellery upon which the petitioner-Ganesh Choudhary
reached and scolded informant’s son and also threatened
him to kill. On 05.04.2023, the son of the informant went
to attend nature’s call and while returning, the petitioners
abused him and took him to their house and the
petitioners and their son forcibly administered poison to
him. The deceased some how returned to his house and
narrated entire story to informant and the informant
admitted his son in hospital where he died.
4. Learned counsel for the petitioners submits that the
petitioners have not committed any offence in the manner
alleged and they have falsely been implicated in the
present case. He next submits that the petitioners have
been made accused on the basis of concocted story
inasmuch as the informant’s son has committed suicide
Patna High Court CR. MISC. No.90528 of 2025(4) dt.21-04-2026
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after the incident of selling jewellery. He further submits
that dead body of the deceased was not found in the house
of the petitioners and during course of investigation some
of the witnesses have said that deceased consumed poison
and committed suicide due to humiliation caused to him
for selling theft article.
5. Learned counsel for the State opposes the prayer for bail
and submits that doctor has found decolouration of nail
and lips. Though cause of death has been reserved till
chemical analysis report (FSL Report), however, prima
face it appears that deceased was administered poison as
per the FIR.
6. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that during
course of investigation some witnesses has said that the
deceased has consumed poison, I am inclined to grant the
petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
Patna High Court CR. MISC. No.90528 of 2025(4) dt.21-04-2026
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each to the satisfaction of learned Additional Chief
Judicial Magistrate VII, Aurangabad, in connection with
Feshar Police Station Case No. 40 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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