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Patna High Court

Jiyalal Ram @ Ram Prawesh RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail as there is no material linking him to the alleged murder, the investigation is complete, and there is no risk of absconding or tampering with evidence.

Summary

The petitioner, Jiyalal Ram, sought regular bail in a murder case (Sections 302/34 IPC) arising from the death of his wife, Manju Devi. The prosecution alleged that the petitioner and his sons discovered the dead body and that unknown persons, possibly including the petitioner, were involved. The petitioner claimed innocence, arguing that the informant was not an eye‑witness, that the case stemmed from prior enmity, and that no incriminating material linked him to the crime. The State opposed bail, citing the seriousness of the offences. The court, after considering the completed investigation, the petitioner’s clean antecedents, his cooperation, and the lack of risk of absconding or evidence tampering, ordered that bail be granted on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under Sections 302 and 34 of the IPC
  • Whether the completion of investigation and the period of custody justify granting bail
  • Whether there is a likelihood of the petitioner absconding or tampering with evidence

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 34
  • criminal procedure
  • regular bail
  • suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10875 of 2026
                   Arising Out of PS. Case No.-71 Year-2024 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Jiyalal Ram @ Ram Prawesh Ram S/o Raja Ram R/o Vill.- Maniyarpur, P.S.-
                 Rajepur, District- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nachiketa Jha, Advocate.
                 For the Opposite Party/s :       Mr. Lalan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Rajepur P.S. Case No.71 of 2024 for the offences registered under

                   Sections 302/34 of the Indian Penal Code.

                                3. As per the prosecution case, the informant and his

                   sons were working as Labour at Village Machali at Punjab. On

                   09.04.2024 he called on the phone of his wife Manju Devi but she

                   did not receive, then he called on the phone of Chinta Devi who is

                   neighbor and Sali in relation, she received the call and assured

                   him to get him talked with Manju Devi. It is alleged that after

                   some time she informed him that his wife is lying dead at his

                   house, thereafter he and his sons came at their house and saw the

                   dead body of Manju Devi. It is further alleged that he gathered
Patna High Court CR. MISC. No.10875 of 2026(2) dt.24-02-2026
                                            2/3




          information that F.I.R. named accused persons and three to four

          unknown persons have killed his wife and the co-accused Niraj

          Kumar threatened to kill them.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this case

          only on he basis of suspicion. He further submits that the

          informant is not the eye witness of the occurrence. Learned

          counsel submits that the whole family members of petitioner have

          been dragged in this case due to previous enmity. He further

          submits that there is no incriminating material against the

          petitioner to link him with the alleged offence. Learned counsel

          submits that charge sheet has already been submitted in this case

          after completion of investigation. He further submits that

          petitioner has got clean antecedent, he is in custody since

          15.09.2025 and he undertakes to co-operate in the trial. There is

          no chance of absconding the petitioner or tampering with the

          evidence.

                       5. Learned counsel appearing on behalf of the State

          opposes the prayer for grant of bail to the petitioner.

                       6. Considering the submissions made on behalf of the

          parties, facts and circumstances of the case, nature of allegation

          against the petitioner and the fact that investigation has already

          been completed as well as the period of custody undergone by
              Patna High Court CR. MISC. No.10875 of 2026(2) dt.24-02-2026
                                                          3/3




                        him, let the petitioner, named above, be enlarged on bail upon

                        furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                        two sureties of the like amount each to the satisfaction of learned

                        Chief Judicial Magistrate, East Champaran at Motihari/ concerned

                        Court in connection with Rajepur P.S. Case No.71 of 2024.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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