Patna High Court
Budhu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court rejected the petition for anticipatory bail, finding the accusations specific and the offence grave.
Summary
Budhu Ray petitioned for anticipatory bail fearing arrest in a case registered under Sections 103(1) and 3(5) of the B.N.S. for the alleged murder of an informant’s daughter, who had accompanied the petitioner to a birthday party before her death. The prosecution alleged that the petitioner was present with the deceased and implicated him in the murder, while the petitioner claimed innocence, citing lack of eye‑witnesses and a clean record. The State opposed the bail, emphasizing the specific accusation in the FIR and the gravity of the offence. After considering the direct nature of the accusation and seriousness of the charges, the court rejected the anticipatory bail application. Consequently, the petitioner remains liable to arrest under the FIR.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 103(1) and 3(5) of the B.N.S.
- Whether the specific accusation in the FIR and the gravity of the alleged murder offence justify denial of bail
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- anticipatory bail
- murder
- FIR
- bail denial
- Sections 103
- Section 3
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5452 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- Vasudeva District- Buxar
======================================================
Budhu Ray Son of Ranglal Ray @ Rang Lal Ray R/o Village - Mukund Dera,
P. O. - Author, P.S. - Vasuda, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajendra Kumar Jain, Advocate
For the State : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1) and
3(5) of the B.N.S..
3. The prosecution case, in brief, is that daughter of
informant, aged about 20 years, used to do Orchestra and ten
days ago, she went with this petitioner to perform in a birthday
party and on 06.07.2025, informant was informed by the Jugail
Police Station that his daughter had died. Thereafter, on
07.07.2025, informant, along with his son and other co-
villagers, reached at Vasudewa Police Station and identified the
dead body of his daughter. Informant believes that all the F.I.R.
Patna High Court CR. MISC. No.5452 of 2026(2) dt.19-02-2026
2/2
named accused persons, including this petitioner, committed
murder of his daughter.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. There is no eye witness to the occurrence
and petitioner has falsely been implicated in this case merely on
suspicion. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that the deceased went along
with his petitioner and thereafter, her dead body was found.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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