Anandi Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37436 of 2025 Arising Out of PS. Case No.-1473 Year-2023 Thana- DANAPUR District- Patna ====================================================== Anandi Ram, S/o Krishna Ram, R/o Mohalla-Daldali Road, P.S.- Danapur, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Sessions Trial No.1292 of 2024 arising out of Danapur P.S. Case No.1473 of 2023 registered for the offences punishable under Sections 302 read with 34 of the Indian Penal Code (in short 'IPC').
3. The accused/petitioner is named in the FIR and is in custody since 25.11.2023.
4. As per FIR, the petitioner along with all six family members including female members of the family committed murder of wife of the informant by slitting her neck by knife on 24.11.2023 at about 2:45 pm. The occurrence took place
2/4 due to money dispute between the parties.
5. It is submitted by Mr. Patanjali Rishi, learned counsel appearing for the petitioner that from facial perusal of FIR, it can be gathered easily that the informant projected himself as an eye-witness of the occurrence being husband of the deceased but, in actual merely on the basis of admitted financial dispute, the petitioner along with all family members was implicated on the basis of suspicion. In support of his submission, it is submitted by Mr. Rishi that it cannot be accepted by any prudent imagination that a husband may be a mute spectator and that too in home in day time while her wife was being assaulted by knife, as alleged, in brutal manner by this petitioner. It is submitted that in actual at the time of occurrence, the petitioner was not available at his home and when he came to know about the occurrence after going through the inquest report and dead body, the allegation was formulated against the petitioner and his family members in the background of financial dispute.
6. Arguing further, it is submitted by learned counsel that the petitioner is in custody since 25.11.2023 i.e.
3/4 about two years and till date only single prosecution witness was examined, which is sufficient to suggest that trial is not likely to conclude in near future. Certainly, the petitioner cannot be kept behind bar for indefinite period, which also appears in violation of his fundamental right qua speedy trial as avilable under Article 21 of the Constitution of India. In support his submission, reliance was made on legal report of Hon'ble Supreme Court as available through Hussainara Khatoon & Ors vs. Home Secretary, State of Bihar reported in (1980) 1 SCC 98.
7. Learned APP while opposing the prayer of bail submitted that the specific allegation is available against this petitioner as to slit the throat of wife of the informant along with other family members.
8. A report regarding stage of trial was called for, which made available to this Court through Letter No.133 dated 04.09.2025, which speaks that till date only single prosecution witness was examined in this case.
9. In view of aforesaid factual submissions and by taking note of fact as prima facie the claim of informant being
4/4 eye-witness of the occurrence appears doubtful, where till date only single prosecution witness was examined in this matter, suggesting that trial of this case is not likely to conclude in near future, coupled with the fact that petitioner remains in custody since 25.11.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-II, Danapur, Patna in connection with Sessions Trial No.1292 of 2024 arising out of Danapur P.S. Case No.1473 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J) Sanjeet/- U T