Patna High Court
Sikandra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, ordering his release upon furnishing the prescribed bail bond and sureties.
Summary
Sikandra Rai was arrested in connection with the murder of Sanjiv Kumar, alleged to have been killed due to an illicit relationship with Rai's wife. The prosecution’s case relied on suspicion, a police‑recorded confession, and the informant’s testimony, with no eyewitnesses or material evidence linking the petitioner to the crime. The petitioner argued that the confession was obtained in custody, there was no incriminating evidence, and his wife, a co‑accused, had already been granted bail. The State opposed bail, citing the seriousness of the offences under the B.N.S.S. The Court considered the lack of substantive evidence, the petitioner’s clean record, and the bail already granted to the co‑accused, and ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the petitioner in a murder case where the evidence consists mainly of suspicion and a police‑recorded confession.
- Whether the petitioner’s clean criminal record and the bail granted to a co‑accused justify release on bail.
Legislation cited
- B.N.S.S. — s. 103, 238(a), 61(2)(a)
Subjects
- regular bail
- murder
- confession
- suspicion
- co‑accused
- criminal antecedent
- B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50060 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Sikandra Rai S/o Late Ramakant Rai R/o Village- Basantpur, Pakari, P.S.-
Riga, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 50060 of 2025)
For the Petitioner/s : Mr.Ajay Kumar Singh, Adv
For the Opposite Party/s : Mr.Ajit Kumar, App
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 27-04-2026 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 Ghorasahan P.S. Case
No. 88 of 2025 registered for the offences punishable under
Sections 103, 238(a), 61(2) (a) of the of the B.N.S.S.
3. As per the prosecution case, son of the informant
used to work as a driver at the house of one Ram Babu Singh.
On 22.03.2025, at about 10:30 AM, the informant got an
information through Ram Babu Singh that his son has died and
the dead body has been sent to Sadar Hospital, Motihari for
autopsy. On such information, the informant went to Sadar
Hospital and saw the dead body of his son after post mortem
examination. The informant expressed suspicion on the basis of
Patna High Court CR. MISC. No.50060 of 2025(5) dt.27-04-2026
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information given by Ram Babu Singh and others that the
deceased son of the informant had illicit relations with wife of
Sikandra Rai (petitioner) since several years, as a result of
which Sikandra Rai (petitioner), his wife and others persons
have committed the murder of his son Sanjiv Kumar.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case on the basis of suspicion based upon a concocted story,
the petitioner’s name has surfaced in this case. Petitioner was
thereafter arrested on the basis of such suspicion and a
confessional statement of this petitioner was recorded by the
police while in police custody. It has further been submitted that
there is no eye witness to the alleged occurrence of murder and
except suspicion, there are no other circumstances to connect
the petitioner with the alleged occurrence, confessional
statement before police has led to recovery of no incriminating
article. Moreover, it has been submitted that co-accused, Shail
Devi, wife of the petitioner, with whom there is an allegation,
that the deceased was having illicit relation, has been granted
bail by a coordinate Bench of the Court vide order dated
01.11.2025 passed in Cr. Misc No. 64728 of 2025. It has lastly
been submitted that the petitioner has no criminal antecedent
and he is in custody since 22.03.2025, charge sheet has been
Patna High Court CR. MISC. No.50060 of 2025(5) dt.27-04-2026
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filed and there is no allegation of tampering.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance 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, Ghorasahan P.S. Case No. 88 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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