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Patna High Court

Ram Surat Rai @ Ram Surat YadavversusThe State of Bihar and Ors

Decided
Disposal
ALLOWED

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
                                            2/3




          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
           Patna High Court CR. MISC. No.15404 of 2026(3) dt.20-04-2026
                                                       3/3




                     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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