Patna High Court
Amit Rai @ JhagaruversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that in view of the lack of material evidence and the petitioner’s claim of innocence, regular bail could be granted.
Summary
The petitioner, Amit Rai, was charged under Sections 302 and 34 of the Indian Penal Code for the alleged murder and conspiracy in the death of Ranjan Rai, whose body was found hanging from a tree. The prosecution's case relied solely on circumstantial evidence, asserting that the accused had strangled the victim before hanging the body. The petitioner contended that he was merely the last person seen with the deceased, had no criminal antecedents, and that the death could be a suicide, with no eyewitness or material linking him to the crime. The court examined the lack of substantive evidence, the inquest report indicating hanging as the cause of death, and the petitioner’s claim of innocence. Concluding that the evidence was insufficient to justify continued detention, the court ordered his release on regular bail upon furnishing the required bond and sureties.
Issues considered
- Whether regular bail should be granted to the petitioner accused of murder and conspiracy under Sections 302 and 34 IPC given the nature of the evidence.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- circumstantial evidence
- suicide
- regular bail
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2290 of 2026
Arising Out of PS. Case No.-163 Year-2024 Thana- KHAIRA District- Saran
======================================================
Amit Rai @ Jhagaru Son of Lala Rai Resident of Village- Koreya, PS-
Khaira, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Senior Advocate
Mr. Ram Binod Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 19-03-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks regular bail in Khaira P.S. Case
No. 163 of 2024 dated 21-06-2024, registered under Sections
302 and 34 of the Indian Penal Code.
3.The prosecution case, in brief, is that on 20.06.2024
at about 8:30 PM, the petitioner along with co-accused Rajan
Singh, Guddu Rai and three unknown persons came to the house
of the informant and took away her son, Ranjan Rai, on the
pretext of some work. When he did not return, search was
made and on the next morning, his dead body was found
hanging from a tree with a rope tied around his neck. It is
alleged that the accused persons acting jointly had first
Patna High Court CR. MISC. No.2290 of 2026(3) dt.19-03-2026
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strangulated him to death and thereafter hanged the body to
conceal the offence.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and he has been falsely implicated
in the present case. It is further submitted that the only
allegation against the petitioner is that he was last seen with the
deceased and merely on the basis of suspicion, he has been
implicated as an accused. It is next submitted that there is no
material available in the case diary to suggest the complicity of
the petitioner in the alleged occurrence. There is no eyewitness
to the occurrence and the prosecution case is based entirely on
circumstantial evidence. At best, the allegations disclose a case
of suicide. Learned senior counsel further draws attention to
paragraph no. 3 of the inquest report, wherein the cause of death
has been mentioned as hanging. Lastly, it is submitted that the
petitioner is in judicial custody since 02.09.2025 and has no
criminal antecedents.
5. On the other hand, learned Additional Public
Prosecutor for the State has opposed the prayer for bail.
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
Patna High Court CR. MISC. No.2290 of 2026(3) dt.19-03-2026
3/3
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned J.M. 1st Class, Saran at
Chapra, in connection with Khaira P.S. Case No. 163 of 2024.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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