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Patna High Court

Binod RavidasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to a bond and sureties, invoking its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Binod Ravidas and Bhukhani Ravidas sought bail after being implicated in a murder case under sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a dispute over a pathway led the accused to strangle the informant’s mother and disfigure her face. The petitioners contended they were falsely implicated, citing lack of eyewitness testimony, a 19‑day delay in filing the FIR, and absence of direct or indirect evidence, while also highlighting their clean antecedents. The State opposed the bail. The Court, noting the petitioners’ clean record, the speculative nature of the prosecution’s case, and the procedural irregularities, granted bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioners accused under sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 given the alleged lack of evidence and procedural delays.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • clean antecedent
  • FIR delay
  • section 103
  • section 238
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1845 of 2026
                       Arising Out of PS. Case No.-299 Year-2024 Thana- HALSI District- Lakhisarai
               ======================================================
           1 . Binod Ravidas Son of Late Badri Ravidas Resident of Village- Kali, Ps-
                Halsi, Dist- Lakhisarai
           2.    Bhukhani Ravidas @ Bhukhani Devi Wife of Bindo Ravidas Resident of
                 Village- Kali, Ps- Halsi, Dist- Lakhisarai


                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar



                                                                               ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s      :       Mr. Rajnish Chandra, Advocate

                 For the Opposite Party/s :        Mr. Murli Dhar , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                          Heard learned counsel for the petitioners and the

                   State .

                                 2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 103(1) and

                   238 of the Bharatiya Nyaya Sanhita, 2023 .

                                 3 . As per prosecution case , due to dispute with

                   regard to pathway, all the FIR named accused persons including

                   these petitioners killed mother of the informant by strangulation.

                   Thereafter, they disfigured face of the deceased.
Patna High Court CR. MISC. No.1845 of 2026(2) dt.11-02-2026
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                       4.     Learned counsel appearing for the petitioners

          submits that these petitioners are innocent and have falsely been

          implicated in this case. Informant is not eye witness of the

          occurrence and only on account of previous dispute, petitioners

          have been made accused in this case on the basis of suspicion.

          F.I.R. has been lodged after inordinate delay of 19 days without

          any explanation which renders the entire prosecution case

          doubtful. Save and except suspicion, there is no other direct or

          indirect evidence against these petitioners to show their

          complicity in the alleged occurrence . Petitioners claim clean

          antecedent.

                       5 . Learned counsel for the State oppose the bail

          petition .

                        6 Considering the aforesaid facts, clean antecedent

          of these petitioners and other circumstances of the case , in the

          event of arrest or surrender within eight weeks from today, let

          the petitioners, as named above, be enlarged on bail on

          furnishing bail bond of Rs.10,000/-(ten thousand) each with two

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

          Judicial Magistrate 1 st class, Lakhisarai in Halsi Police Station

          Case No. 299 of 2024 , subject to the conditions laid down

          under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha
            Patna High Court CR. MISC. No.1845 of 2026(2) dt.11-02-2026
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                      Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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