Bihar SP surprises Supreme Court by backing bail for murder convicts

NEW DELHI: Doing the unthinkable, a Bihar superintendent of police has filed an affidavit before Supreme Court supporting a Patna high court order granting bail to five of the eight accused convicted of murdering a village mukhiya in 2022.

Sashinath Jha, mukhiya of Udapatti village in Samastipur, was killed by eight persons. After investigation by police, the trial court found sufficient evidence to convict them. They appealed against conviction before HC, which on Dec 11, 2024, granted bail to five of the accused persons pending adjudication of their appeals.

Jha's widow sought cancellation of their bail before SC, which in turn issued notice to Bihar govt. On behalf of the state, the Samastipur SP had filed the response. The widow's counsel, advocate Atul Jha, drew attention of a bench of Justices Ahsanuddin Amanullah and Prashant K Mishra to the SP's affidavit and said the police is unfortunately supporting grant of bail to accused persons.

Atul Jha said the SP forgot that the FIR was registered by Bihar police, and after due investigation and prosecution, these persons were convicted by the trial court. After perusing the affidavit and finding merit in the counsel's arguments, the bench said, "We are also surprised at the blatant stand in the affidavit filed by the Superintendent of Police of the district in support of the accused."

"Accordingly, we are constrained to make Ashok Mishra, who has affirmed the affidavit on April 4 in the present case and was holding the post of SP, Samastipur, to be impleaded as a respondent in all the matters," the bench ordered.

It issued notice to the SP and asked him to file a personal affidavit "explaining as to under what circumstances, such a stand was taken by him in the affidavit in the present case." The bench listed the case for further hearing on Aug 1.

The SP stood by the validity of HC order granting bail by saying "HC had gone very deeply into the material facts with regard to the law... HC after going through the material facts and evidence on record passed a transparent and legal judicious order as warranted under law."