Guddu Das @ Shiva Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62836 of 2025 Arising Out of PS. Case No.-1021 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Guddu Das @ Shiva Das S/o Safik Das @ Safeel Das Resident of VillageErki, P.S. and Distt- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Ataul Haque, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 85, 103, 3(5) of the B.N.S., 2023.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have killed the daughter of the informant.

4. The learned counsel for the petitioner submits that the petitioner, who is the husband of the deceased, has been falsely implicated in this case and as a matter of fact, the deceased had herself committed suicide and the F.I.R. has been registered only on account of suspicion. It has been further submitted that the deceased was married to the petitioner

Patna High Court CR. MISC. No.62836 of 2025(5) dt.19-02-2026 2/2 twelve years ago. The petitioner is in custody since 15.05.2025 and charges have been framed.

5. Learned APP for the State opposed the grant of bail on the ground that the petitioner is husband of the deceased and the present case is not only under Section 103 of B.N.S. but also under Section 85 of the B.N.S., which shows that he had been subjecting his wife to cruelty and torture.

6. The FSL report received in the records of the case, indicates that Zinc Phosphide was detected in the viscera which is commonly used for killing rat and is highly poisonous in nature.

7. Taking into consideration the facts and circumstances and considering the fact that the petitioner is the main accused, being the husband of the deceased, and also considering the FSL report disclosing presence of poison in the viscera report, this Court is not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected in connection with Jehanabad P.S. Case No.1021 of 2024.

(Soni Shrivastava, J) anand/- U T