Patna High Court
Banti Rai @ Ritesh Rai @ Nitesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioners as the evidence did not substantiate the allegations against them.
Summary
The petitioners, Banti Rai and Vikas Rai, were charged under Sections 302, 120B and 34 of the Indian Penal Code for the alleged murder of the informant's brother during a dispute over a brick wall. The prosecution alleged that the petitioners assaulted the victim with a spade and a farsa, leading to his death, but the post‑mortem report identified injuries that only corroborated the allegation against a third accused, Ramesh Rai. The petitioners contended that they were falsely implicated, had no criminal antecedents, and had been in custody since September 2023. The learned senior counsel highlighted the lack of forensic linkage between the petitioners and the injuries, and argued that the evidence did not satisfy the criteria for denying bail. After considering the submissions and the evidentiary gaps, the court held that bail was appropriate, ordering release upon furnishing a bond of Rs.10,000 with two sureties. The order thereby granted bail to both petitioners pending trial.
Issues considered
- Whether the petitioners are entitled to bail despite being charged with murder and criminal conspiracy under Sections 302, 120B and 34 IPC
- Whether the post‑mortem report and lack of corroborative evidence justify granting bail
Legislation cited
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- IPC 302
- criminal conspiracy
- 120B
- section 34
- post-mortem report
- evidence
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2127 of 2026
Arising Out of PS. Case No.-324 Year-2023 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Banti Rai @ Ritesh Rai @ Nitesh Rai, S/O Shankar Rai, Resident Of Village
- Naya Basti Ajaibgunj, P. S- Bhagwan Bazar, Dist- Saran at Chapra
2. Vikas Rai @ Vikesh Rai @ Vikas Kumar @ Vikas Kumar Rai, S/O Shanker
Rai, Resident Of Village - Naya Basti Ajaibgunj, P.S- Bhagwan Bazar, Dist-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vindhyachal Singh, Sr. Advocate with
Mr. Ram Binod Singh, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 26-02-2026 Heard Mr. Vindhyachal Singh, learned senior counsel
for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in connection with
Sessions Trial No. 296 of 2024 arising out of Bhagwan Bazar
P.S. Case No. 324 of 2023 dated 06.08.2023 instituted for the
offence punishable under Sections 302, 120B/34 of the Indian
Penal Code.
3. As per the prosecution case, on the alleged date of
occurrence, the petitioners along with other accused persons
were constructing brick wall over the land which was measured
previously. They were constructing brick wall beyond the
measured land upon which the brother of the informant, namely,
Patna High Court CR. MISC. No.2127 of 2026(3) dt.26-02-2026
2/3
Birju Rai objected. Thereafter, Ramesh Rai picked up a brick
and hit the forehead of brother of the informant. Allegation
against petitioner no. 1 is that he assaulted on the head of his
brother with a Farsa due to which he sustained injury on the
head. Allegation against petitioner no. 2 is that he assaulted on
the hydrocele of the informant’s brother by spade. On the way to
the hospital, the brother of the informant died.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and he has been falsely implicated
in this case. Learned senior counsel for the petitioner further
submits that the specific allegation of assault on the head of the
deceased is against Ramesh Rai. Allegation against Banti Rai
(petitioner no. 1) is that he also inflicted Farsa blow on the head
of the deceased and allegation against Vikas Rai (Petitioner No.
2) is that he assaulted the brother of the informant by spade. The
post-mortem report does not corroborate the allegation levelled
against the petitioner. The doctor opined four external injuries
on the body of the deceased which are:- (i) Lacerated wound 3”
x 5” over forehead with swelling and brain matter comes out.
(ii) Fracture of all bones of face and mandible. (iii) Lacerated
wound 1” x ½” on (Rt) side of cheek (iv) Bruises on anterior
surfaces of chest wall caused by hard blunt substances. It is
Patna High Court CR. MISC. No.2127 of 2026(3) dt.26-02-2026
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further submitted that when the informant knew his mistake, he
tried to improve the prosecution story in the subsequent
statement during investigation as per the post-mortem report.
Injury no. 1 mentioned in the post-mortem report fully
corroborates the allegation levelled against Ramesh Rai. Charge
has already been framed. Lastly, it has been submitted that the
petitioner is in custody since 04.09.2023 having no criminal
antecedents.
5. Learned A.P.P. has opposed the prayer 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 A.D.J.-II, Saran at
Chhapra in connection with Sessions Trial No. 296 of 2024
arising out of Bhagwan Bazar P.S. Case No. 324 of 2023.
(Khatim Reza, J)
premchand/-
U T
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