Patna High Court
Jai Prasad Rai @ Jay Prasad RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioners, directing their release on a bond of Rs 10,000 with two sureties.
Summary
The petitioners, Jai Prasad Rai and Kanti Devi, applied for bail in a case registered under Sections 103 and 3(5) of the Bihar Narcotic Substances Act, 2023, where an informant alleged that the accused had murdered his aunt on 17‑09‑2024. The petitioners argued that they have clean antecedents and highlighted that a related case involving Ranjay Rai, the step‑son of the deceased, had been granted anticipatory bail after forensic reports showed no external injuries or poisonous substances. The State opposed bail but could not refute the relevance of the earlier anticipatory bail order or the forensic findings. The court considered the submissions, the lack of incriminating forensic evidence, and the precedent of Ranjay Rai’s bail, and ordered the petitioners to be released on bail upon furnishing a bond of Rs 10,000 with two sureties. Consequently, the bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioners under Sections 103 and 3(5) of the BNS, 2023 in view of the murder allegation.
- Whether the anticipatory bail granted to Ranjay Rai in a similar case is determinative for the present petition.
- Whether the absence of forensic evidence of injury or poison justifies the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 3(5)
Subjects
- bail
- anticipatory bail
- Sections 103 BNS 2023
- Section 3(5) BNS 2023
- murder allegation
- forensic evidence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39494 of 2025
Arising Out of PS. Case No.-199 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
1. Jai Prasad Rai @ Jay Prasad Rai S/o Late Dasai Rai R/o Village-
Bhagwatiya, P.S.- Rajepur, District- East Champaran
2. Kanti Devi W/o Jai Prasad Rai R/o Village- Bhagwatiya, P.S.- Rajepur,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balgovind Sharma, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
For the Informant : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 30-01-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 103 and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 17.09.2024, he went to the house of of his aunt
(Bua) when she expressed her pain to the informant and
thereafter when informant enquired the matter from the accused
persons, they asked the informant not to interfere in their family
affairs and also abused and assaulted the aunt of the informant,
Patna High Court CR. MISC. No.39494 of 2025(7) dt.30-01-2026
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further on 18.09.2024 at about 06:00 AM, the informant came to
know that in the night of 17.09.2024, all the accused persons
committed murder of his aunt, accordingly, he went to the place
of occurrence and found the dead body of his aunt (Bua).
4. Learned counsel for the petitioners submits that
Ranjay Rai had approached this Court seeking anticipatory bail
by filing Criminal Miscellaneous No. 49820 of 2025 and the
same came to be allowed by an order dated 05.12.2025. It is
next submitted that Ranjay Rai is step son of the deceased while
the present petitioner no. 1 is husband of the deceased and
petitioner no. 2 is second wife of petitioner no. 1. It is next
submitted that while considering the case of Ranjay Rai, the
postmortem and the viscera report was called for and from
perusal of the postmortem report, it manifested that no external
or internal injuries were found and the viscera report recorded
that-no metalic, alkaloidal, glycosidal, pesticidal and volatile
poison could be detected in the contents of plastic jar and plastic
dibba marked (01), (02), (03), (04), (05), (06), (07), (08), (09),
(10), (11), (12) and (13), i.e. no poisonous substance was found,
as such, Ranjay Rai was granted the privilege of anticipatory
bail. It is next submitted that informant is not an eye witness to
the occurrence and the case of the petitioners is similar to the
Patna High Court CR. MISC. No.39494 of 2025(7) dt.30-01-2026
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case of Ranjay Rai and petitioners are in custody since
24.03.2025.
5. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant opposes the bail
application of the petitioners, but then are not in a position to
rebut the submission of the learned counsel appearing on behalf
of the petitioners that Ranjay Rai has been granted the privilege
of anticipatory bail and in the postmortem and the viscera
report, no external injury and poisonous substance was found.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, are
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor court in connection with
Rajepur P.S. Case No. 199 of 2024.
7. Accordingly, the instant bail application is
allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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