Patna High Court
Ram Surat Rai @ Ram Surat YadavversusThe State of Bihar and Ors
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Ram Surat Rai, Ashok Rai and Vikas Kumar, were charged under Sections 126(2), 115(2), 103(1), 352, 351(2) and 3(5) of the B.N.S., 2023 for allegedly killing the wife of an informant by assault. They contended that they were falsely implicated, citing an independent witness who said the deceased was pulled from a paddy field, showed no injuries, and that the post‑mortem report revealed no external or internal injuries. The State opposed bail, highlighting a prior criminal case against the petitioners. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered bail. The petitioners were released on a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur.
Issues considered
- Whether bail should be granted to the accused in a murder case under the B.N.S., 2023 given the evidence and the petitioners' custody status
- Whether the presence of a criminal antecedent justifies denial of bail
Legislation cited
- B.N.S., 2023 — s. 103(1), 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- murder
- criminal antecedent
- post‑mortem report
- independent witness
- Bihar
- High Court
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15404 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
1. Ram Surat Rai @ Ram Surat Yadav Son of Brijnandan Rai Resident of
Village Jalalpur, P.S.- Jaitpur, District - Muzaffarpur.
2. Ashok Rai Son of Late Ramdev Rai Resident of Village Jalalpur, P.S.-
Jaitpur, District - Muzaffarpur.
3. Vikas Kumar Son of Ashok Rai Resident of Village Jalalpur, P.S.- Jaitpur,
District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar and Ors.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishor, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Jaitpur P.S. Case No. 191 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 103(1), 352, 351(2),
3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
petitioners, along with others, have killed the wife of the informant
by assaulting her with a stick, leg and fists, due to which she died.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.15404 of 2026(3) dt.20-04-2026
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case. He also submits that during the course of investigation, some
independent witnesses have been examined. He has specifically
pointed out paragraph ‘92’ of the case diary, wherein one witness
has stated that as the deceased was cutting paddy from the field of
petitioner no. 1, she was pulled out from the field. She started
abusing the petitioners, due to which she faced breathing
problems. This witness has also stated that he had not seen any
lathi-danda in the hands of the petitioners. He further submits that
from perusal of the postmortem report, it will transpire that the
doctor conducting the autopsy of the deceased has found no
external or internal injury on the person of the deceased, and
opinion regarding death was reserved till the histopathological and
FSL reports. He also submits that there is an allegation against the
petitioners that they have assaulted the deceased, but the statement
of the independent witnesses and the postmortem report goes to
show that the deceased was having no injury. Moreover, the
petitioners are languishing in judicial custody since 19.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
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petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Muzaffarpur in connection with Jaitpur
P.S. Case No. 191 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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