Patna High Court
Kishori RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, owing to the doubtful nature of the allegation, the extended period of custody and the filing of a charge‑sheet, bail must be granted subject to the conditions of Section 480(3) of the BNSS.
Summary
The petitioners, a father and son, were charged under Sections 103(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly hanging the brother‑in‑law of an informant with a saree. They contended that the deceased had committed suicide due to depression and that they were falsely implicated, emphasizing the implausibility of a single person effecting the alleged hanging and their clean criminal record. The State opposed the bail, asserting a specific allegation that the son strangled the victim. The court examined the doubtful nature of the prosecution’s case, the length of the petitioners’ custody since 29‑06‑2025, and the filing of a charge‑sheet, and found no compelling reason to keep them detained. Consequently, the court ordered their release on bail with a bond of Rs 10,000 each, two sureties, and conditions prescribed under Section 480(3) of the BNSS. The bail order was subject to compliance with attendance requirements and cancellation provisions for violations.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the allegations.
- Whether the prosecution’s evidence is sufficient to justify continued detention of the petitioners.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 480(3)
Subjects
- bail
- murder
- Section 103
- Section 480
- Bharatiya Nyaya Sanhita
- criminal procedure
- presumption of innocence
- suicide claim
- Madhubani
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6578 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- SAHARGHAT District- Madhubani
======================================================
1. Kishori Ram Son of Ganaur Ram Resident of village-Mahthaur Kataiya, P.S-
Basopatti, District-Madhubani
2. Babloo Ram Son of Kishori Ram Resident of village-Mahthaur Kataiya, P.S-
Basopatti, District-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Singh, Advocate
Mrs. Archna Aanand, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Saharghat P.S. Case No. 85 of 2025 registered
for the alleged offences under Sections 103(1) r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the brother-in-law of the
informant was married with the daughter of petitioner no. 1 and
there is allegation that the petitioners came to the house of the
informant and hanged the brother-in-law of the informant by a
saree. The occurrence took place in the background of the
deceased not meeting the demand of the petitioners and his
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wife.
04. Learned counsel for the petitioners submits that
the petitioners are father and son and they are innocent and have
been falsely implicated in this case. No occurrence in the
manner as alleged has ever taken place and the prosecution story
is fabricated. The allegation against the petitioners is that they
came to house of the informant and petitioner no. 2 entered into
house and hanged the brother-in-law of the informant but the
same is not believable since it was not possible for a single
person to hang the brother-in-law of the informant by himself as
the deceased was a 21 years old person. Learned counsel further
submits that it is also not believable that the petitioners who
were the father and brother of a girl would kill her husband. The
true fact of the case is that the deceased committed suicide as he
was under depression and when the petitioners went to make
inquiry, they were falsely implicated in this case. The
occurrence is stated to have taken place on 28.06.2025 and
postmortem was also conducted at 02:30 PM on the same day.
Prior to that, inquest report was also prepared but FIR was
lodged on 29.06.2025 and it is not believable that after killing
the brother-in-law of the informant, petitioners stayed there for
24 hours to be handed over to the police. Learned counsel
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further submits that the petitioners have got no criminal history
and they are in custody since 29.06.2025. Charge-sheet has been
submitted. The petitioners undertake to co-operate in the trial.
05. Learned APP for the State vehemently opposes the
submission made on behalf of the petitioner. Learned APP
submits that there is specific allegation against the petitioner no.
2 that he strangled the brother-in-law of the informant and
hanged him with the help of saree.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
doubtful nature of allegation and also considering the period of
custody of the petitioners along with submission of charge-
sheet, the petitioners above named are directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned concerned court at Madhubani in connection with
Saharghat P.S. Case No. 85 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
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and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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