Suchun Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78533 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.
Suchun Devi W/o Sanjay Sah Resident of Village - Dewapur, Shekh Purdil Tola, P.S - Manjhagarh, District - Gopalganj, 2.
Sanjay Sah S/o Tapan Sah Resident of Village - Dewapur, Shekh Purdil Tola, P.S - Manjhagarh, District - Gopalganj, 3.
Ranjay Sah @ Ranjan Sah S/o Sanjay Sah Resident of Village - Dewapur, Shekh Purdil Tola, P.S - Manjhagarh, District - Gopalganj, 4.
Angad Sah S/o Sanjay Sah Resident of Village - Dewapur, Shekh Purdil Tola, P.S - Manjhagarh, District - Gopalganj, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rampravesh Nath Tiwari, Advocate Mr. Saurabh Raj, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-01-2026 Heard learned counsel for the petitioners and learned APP for the State.
02. In the present case, the petitioners seek bail in connection with Manjhagarh P.S. Case No. 262 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 118(1), 103 and 109 r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, petitioners and other coaccused persons assaulted the father-in-law and the brother-inlaw of the informant with lathi, danda, rod and knife. The
2/4 father-in-law of the informant succumbed to his injuries during treatment. The occurrence took place in the background of previous dispute between the parties.
04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The allegations are false and concocted. The postmortem report of the father-in-law of the informant shows only one injury which is a lacerated wound on the frontal region of head of size 2" x 1/6"x bone deep and the prosecution story gets falsified as there is allegation against 7 persons for assaulting the father-in-law of the informant and there are no corresponding injuries. Moreover, cause of death has not been ascertained in the postmortem report and the opinion has been reserved till receipt of viscera report. It shows the death has not been caused by any assault. The petitioners are in custody since 16.07.2025 and charge-sheet has been submitted. Further custodial interrogation is not required. The petitioners have got no criminal antecedent.
05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner that they assaulted the father-in-law of the informant who died during his
3/4 treatment.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injuries attributed to the petitioner and further considering no opinion regarding cause of death in the postmortem report and also considering the nature of allegation and the background of dispute and further considering the period of custody of the petitioners and their clean antecedent along with submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/court concerned in connection with Manjhagarh P.S. Case No. 262 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail
4/4 bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U