Patna High Court
Anil Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner.
Summary
Anil Kumar Rai was charged under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for the alleged murder of an informant's husband. The prosecution alleged that Rai and a co‑accused lured the victim to a house under the pretext of making sweets and that the victim's body was later found near his motorcycle. Rai contended that he was falsely implicated, there were no eyewitnesses, and the death was likely accidental, with the cause of death still under forensic examination. He also highlighted that a co‑accused had previously been granted bail in a similar case. After hearing both sides, the court decided to release Rai on bail, requiring a bond of Rs.10,000 and two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge, Dalsingsarai.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the prosecution evidence is sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- presumption of innocence
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2052 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- VIDYAPATINAGAR District- Samastipur
======================================================
Anil Kumar Rai Son of Ramanandan Rai @ Kari Ray @ Ramchandra Ray
village - Simri , Police Station - Vidyapatinagar , District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Adv.
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 710 of 2025 arising out of
Vidyapatinagar P.S. Case No. 15 of 2025 dated 10.02.2025
registered for the offence punishable under Sections 103(1),
238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
petitioner along with co-accused Ram Vinay Mahto @ Ram
Vinay Kumar came at the house of the informant and took
the husband of the informant on the pretext of making
sweets, after which, her husband did not return. On the next
day, the dead body of the informant’s husband was found
Patna High Court CR. MISC. No.2052 of 2026(3) dt.01-04-2026
2/3
with his motorcycle lying near his body.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that there is no eye witness to the
occurrence. During investigation, none of the independent
witnesses claimed to have seen the deceased with the
petitioner or going with him during the relevant period of
time. It is submitted that the deceased was a drunkard due to
which on fateful night, he met with an accident and suffered
some injuries and after his examination by the Doctor
concerned, the cause of death could not be ascertained due
to which the Viscera of the deceased was sent to F.S.L.,
Patna for ascertaining the cause of death. It is further
submitted that similarly situated person, namely, Ram Vinay
Mahto @ Ram Vinay Kumar has been granted bail vide
order dated 12.08.2025 passed in Criminal Miscellaneous
No. 56502 of 2025 by a co-ordinate Bench of this Court.
The petitioner is in custody since 11.02.2025, having no
criminal antecedent and charge-sheet has been submitted in
the case.
5. Learned A.P.P for the State opposes the prayer
Patna High Court CR. MISC. No.2052 of 2026(3) dt.01-04-2026
3/3
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge, Dalsingsarai, Samastipur in
connection with Sessions Trial No. 710 of 2025 arising out
of Vidyapatinagar P.S. Case No. 15 of 2025.
(Khatim Reza, J)
prabhat/-
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