Patna High Court
Jhapsi RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Jhapsi Ram, was arrested in connection with a murder case (PS Udawantnagar Case No. 238 of 2025) alleged under Sections 103, 238 and 3(5) of the B.N.S. 2023. The prosecution alleged that the petitioner and co‑accused abducted the informant's husband on 8 May 2025, after which the body was discovered and later cremated, with the informant filing a statement only after cremation. The petitioner contended that he was falsely implicated, there were no eyewitnesses, the FIR was lodged belatedly, no tampering of evidence was alleged, and he had no prior criminal record. The State opposed bail, but the court noted the lack of substantive evidence, the delay in filing the informant’s statement, and the petitioner’s clean antecedents. Consequently, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties, and allowed the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the murder charges
- Whether the evidentiary circumstances (absence of eyewitnesses, delayed FIR, no allegation of tampering) justify granting bail
Legislation cited
- B.N.S., 2023 — s. 103, 238, 3(5)
Subjects
- regular bail
- murder
- B.N.S. 2023
- evidence
- delay in FIR
- no antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29913 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Jhapsi Ram S/O Late Bhola Ram R/O Kharauni, P.S.- Udawantnagar, Dist.-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kumar Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Udawantnagar P.S. Case
No. 238 of 2025 registered for the offences punishable under
Sections 103, 238, 3(5) of B.N.S. 2023.
3. As per the prosecution case, on 08.05.2025, at
about 10:00 P.M., the petitioner, along with co-accused
Bumbum Ram and Shiv Mahima Ram, came to the house of the
informant and took away the husband of the informant with
them. It has further been alleged that at about 11:00 P.M., some
villagers informed the informant that the dead body of her
husband was lying on the road. Thereafter, the informant went
to the spot and found that her husband had died. It has further
Patna High Court CR. MISC. No.29913 of 2026(3) dt.24-06-2026
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been alleged that the dead body of her husband was brought to
the house on the same day. It has also been alleged that on
09.05.2025, at about 07:00 A.M., the police were informed,
whereafter the police took the dead body for post-mortem
examination. It has further been alleged that after the post-
mortem examination, the dead body was handed over to the
informant and her family members and the cremation was
performed. Thereafter, upon returning home, the informant
expressed strong suspicion against the petitioner and six other
named accused persons and suspected them to have committed
the murder of the husband of the informant.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted, with reference to the
FIR itself, that the petitioner and two other co-accused persons
are alleged to have taken away the deceased on 08.05.2025 at
about 10:00 P.M., and one hour thereafter, the informant came to
know that the deceased had been done to death and his dead
body was lying by the side of the road. The informant then went
there, brought the dead body to the house and, thereafter, on the
next day itself, i.e., on 09.05.2025 at about 07:00 A.M.,
informed the police.
Patna High Court CR. MISC. No.29913 of 2026(3) dt.24-06-2026
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5. It has further been submitted, with reference to the
inquest report, that the inquest of the deceased was prepared on
09.05.2025 at 08:10 A.M., and two sons of the informant, who
also happen to be witnesses to the FIR, were present during the
preparation of the inquest report. Thereafter, the post-mortem
examination was conducted and the dead body was cremated.
Subsequently, the fardbeyan of the informant was recorded at
her house on 09.05.2025 at 07:30 P.M.
6. Learned counsel for the petitioner has further
submitted that the fardbeyan came to be recorded only after the
dead body had been cremated and no case was lodged from the
time of the recovery of the dead body till its cremation. Learned
counsel for the petitioner has submitted that there is no
eyewitness to the alleged occurrence of murder and the theory
of last seen has been developed at a belated stage after the post-
mortem examination and cremation of the dead body had
already been conducted. It has also been submitted that the
charge-sheet has been filed and there is no allegation of
tampering with evidence against the petitioner. Lastly, it has
been submitted that the petitioner has got no criminal antecedent
and he is in custody since 18.09.2025
7. Learned APP for the State has vehemently opposed
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the prayer for bail of the petitioner.
8. Heard the parties and perused the record.
9. Considering the facts and circumstances of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Bhojpur, in connection with
Udawantnagar P.S. Case No. 238 of 2025.
10. The application stands allowed.
(Praveen Kumar, J)
Sahil/-
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