Patna High Court

Dharmatma Das @ Dhrm Atma DasversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

Dharmatma Das was arrested in connection with a case alleging that he, along with co‑accused, forced the informant’s brother to commit suicide and then concealed the body. The petitioner contended that the allegations of an illicit relationship and his involvement were false, that he had no specific overt act attributed to him, and that he had no prior criminal record. He had been in custody since 15 June 2025. The State opposed his bail, citing the seriousness of the offences under Sections 108, 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. After considering the lack of specific evidence against him and the period of custody already served, the Court granted bail on condition of a Rs.15,000 bond with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023.
Whether the allegations against the petitioner constitute sufficient ground to deny bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 108, 238, 61(2)

Subjects

bail
false implication
suicide
criminal procedure
Bharatiya Nyaya Sanhita
Section 108
Section 238
Section 61(2)
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90700 of 2025
                     Arising Out of PS. Case No.-34 Year-2024 Thana- Haraiya District- East Champaran
                 ======================================================
                 Dharmatma Das @ Dhrm Atma Das S/o- Nandlal Das Vill- Mauje Mai Sthan
                 Ps- Raxaul District- East Champaran.

                                                                                       ... ... Petitioner
                                                         Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr.Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Haraiya

                   P.S. Case No. 34 of 2024, instituted for the offences under

                   Sections 108, 238 and 61(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                               3. The accusation is that accused persons named in the

                   F.I.R., including the petitioner, have forced the informant’s

                   brother Sherajul Alam to commit suicide by hanging himself

                   with ceiling fan and to conceal the evidence, co-accused Chanda

                   Khatun (wife of the deceased) put the dead body on the floor

                   and spread rumor that her husband died due to cold. It is alleged

                   that petitioner had illicit relationship with co-accused Chanda

                   Khatun, wife of deceased.
Patna High Court CR. MISC. No.90700 of 2025(2) dt.13-01-2026
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                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case making

          false allegation of illicit relationship between petitioner and

          Chanda Devi (wife of deceased).                  Learned counsel for the

          petitioner further submitted that brother of the informant

          committed suicide due to family dispute between husband and

          wife. The petitioner is not co-villager of the informant and he

          has no concerned with co-accused Chanda Devi in any manner.

          He further submits that, in fact, informant had taken loan from

          the petitioner and when informant failed to return the loan

          amount to the petitioner, he implicated the petitioner in this

          case. Learned counsel for the petitioner submits that general and

          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 15.06.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing
           Patna High Court CR. MISC. No.90700 of 2025(2) dt.13-01-2026
                                                       3/3




                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Haraiya P.S. Case

                     No. 34 of 2024.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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