Patna High Court
Binod RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
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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