Patna High Court
Saudagar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to a bond, sureties and surrender within eight weeks.
Summary
Petitioners Saudagar Ram and Anand Ram, brothers of the informant, sought bail in a case under sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, alleging they assaulted the informant's son who later died. The FIR named them as accused, but the petitioners argued that the informant was not an eye‑witness and that the only basis for the accusation was suspicion arising from a prior incident on 13‑01‑2025, with no direct or indirect evidence linking them to the death. The State opposed the bail application. The Court examined the lack of substantive evidence and the petitioners' clean antecedent, and consequently allowed bail on the condition of a Rs.10,000 bond with two sureties and surrender within eight weeks, subject to the provisions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the accused under sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 when the case is based solely on suspicion and lacks direct evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 61(2)
Subjects
- bail
- criminal procedure
- suspicion
- lack of evidence
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 103
- section 61(2)
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60437 of 2025
Arising Out of PS. Case No.-198 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
1. Saudagar Ram S/O Late Dinanath Ram Resident of Village- Rafipur, P.S-
Hussainganj, District- Siwan.
2. Anand Ram S/O Late Dinanath Ram Resident of Village- Rafipur, P.S-
Hussainganj, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Jha, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar (App 125)
Mr. P.Bhaskar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 17-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 103 and 61(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per FIR, all the FIR named accused persons
including these petitioners assaulted son of the informant, who
died during treatment.
4. Learned counsel appearing for the petitioners
submits that informant and petitioners are full brothers.
Informant is not an eye witness to the occurrence. Accusation is
based on suspicion since petitioners were allegedly involved in
earlier occurrence dated 13.01.2025. Learned counsel
Patna High Court CR. MISC. No.60437 of 2025(6) dt.17-02-2026
2/2
submits that save and except suspicion, there is no other direct
or indirect evidence against the petitioners to show their
complicity in the occurrence. Petitioners claim clean antecedent.
5. Learned counsel for the State and the informant
oppose the prayer for bail.
6. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the Chief Judicial Magistrate,
Siwan in Hussainganj Police Station Case No. 198 of 2025,
subject to the conditions laid down under section 482 Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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