Patna High Court
Ram Awadh Rai @ Ram Bodh RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, finding insufficient grounds to deny bail.
Summary
The petitioners, Ram Awadh Rai and Sunil Rai, sought regular bail in a case registered under sections 103(1), 238 and 61(2) of the BNS, alleging they were framed for the death of an informant’s son. The prosecution alleged that the petitioners threatened the informant’s son, who later went missing and was found dead in a paddy field, claiming the petitioners were responsible for his murder. The defence argued that an independent witness testified that the deceased died from electrocution caused by a live wire placed in his cousin’s field, and the autopsy report supported death by electrocution, not homicide. The petitioners also highlighted their clean criminal record and the fact that they had been in judicial custody since 27‑10‑2025. After considering the evidence and circumstances, the court decided to grant regular bail, directing the petitioners to furnish a bail bond of Rs 10,000 each with two sureties.
Issues considered
- Whether the petitioners are entitled to regular bail under sections 103(1), 238 and 61(2) of the BNS despite the prosecution’s murder allegation
- Whether the evidence indicating death by electrocution creates reasonable doubt about the petitioners’ involvement
Legislation cited
- BNS — s. 103(1), 238, 61(2)
Subjects
- regular bail
- criminal procedure
- sections 103(1)
- section 238
- section 61(2)
- electrocution
- framing
- enquiry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4876 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- BOKHRA District- Sitamarhi
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1. Ram Awadh Rai @ Ram Bodh Rai Son of Devendra Rai @ Devendra Ray
R/o - Sater, Ward No.03, P.S - Bokhra, District - Sitamarhi, Bihar
2. Sunil Rai @ Sunil Kumar Son of sikandar Rai Resident Of Village- Kajiyana
tole, Ward no. 15, Ps- Bokhara, Dist- sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 09-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 103(1),
238 and 61(2) of BNS.
3. The case of the prosecution is that the petitioners
have threatened the son of the informant of dire consequences.
The son of informant has gone outside the house when he did
not return, he was being searched and his dead body was found
in paddy field. It is alleged that due to enmity, the petitioners
along with others have killed the deceased.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.4876 of 2026(4) dt.09-04-2026
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petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that during
course of investigation, one independent witness Vashisht Rai
has given his statement in para-54 of the diary wherein he has
stated that Kishnandan Sahni has barbed his field with wire and
it was connected with current who is cousin of the deceased and
as the deceased has gone to see his field, he came in contact
with the live wire and died due to electrocution. Petitioners have
been framed in this case due to enmity. From perusal of the
para-58 it will transpire that the doctor conducting the autopsy
of the deceased has opined that cause of death is sudden cardiac
arrest due to electrocution which is antemortem. As per the case
of the prosecution, the allegation is that the petitioners have
killed the deceased but from perusal of entire investigation, it is
clear that the deceased has died due to electrocution which was
done in the fields of his cousin brother Kishnanandan. A
statement has been made in para-3 of this petition that the
petitioners have got no criminal antecedent. Moreover, they are
languishing in judicial custody since 27.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.4876 of 2026(4) dt.09-04-2026
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considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Bokhra P.S. Case No. 179 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Pupari, Sitamarhi.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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