Patna High Court
Jitu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail must be granted as the petitioners have a clean antecedent and no material evidence connects them to the alleged crime.
Summary
The petitioners, Jitu Rai, Raju Rai and Anita Devi, who are relatives of the deceased co-accused Deepak Kumar, filed a bail petition fearing arrest in a case registered under sections 103, 123, 351(2), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The FIR alleges that Deepak Kumar, with the participation of others, poisoned the informant’s wife, leading to her death. The petitioners contend that no material links them to the alleged offence and that they have a clean antecedent, asserting that they were implicated merely because of their family relationship with Deepak Kumar. The State opposed the bail. The Court, after considering the clean antecedent and lack of incriminating evidence against the petitioners, ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS. The bail order effectively disposes of the petition.
Issues considered
- Whether the petitioners are entitled to bail in a case punishable under sections 103, 123, 351(2), 352 and 3(5) of the BNSS.
- Whether there is sufficient material evidence linking the petitioners to the alleged offence.
- Whether section 482(2) of the BNSS can be invoked to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103, 123, 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- BNSS
- sections 103
- section 123
- section 351(2)
- section 352
- section 3(5)
- clean antecedent
- family members
- poison death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72169 of 2025
Arising Out of PS. Case No.-108 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
1 . Jitu Rai S/o Gena Rai R/o Village - Murtuzapur, P.S - Mahisaur (Jandaha),
District - Vaishali
2. Raju Rai @ Raju Kumar S/o Gena Rai R/o Village - Murtuzapur, P.S -
Mahisaur (Jandaha), District - Vaishali
3. Anita Devi W/o Jitu Rai R/o Village - Murtuzapur, P.S - Mahisaur (Jandaha),
District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 103 , 123 ,
351 ( 2 ), 352 and 3 (5) of BNS.
3 . As per F.I.R., on 12.03.2025 , co- accused person
Deepak Kumar with active connivance and participation of
other co-accused persons, enticed away the deceased
(informant’s wife) from home and caused her death by
administering poison to her. It is further alleged that she had
succumbed to the said poisoning and her head body was lying at
Patna High Court CR. MISC. No.72169 of 2025(3) dt.13-01-2026
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hospital.
4. It is submitted on behalf of the petitioners that
petitioners are family members of co-accused Deepak Kumar.
Present case is counter blast of Jandaha (Mahisaur ) PS Case
No. 110 of 2025 which was lodged by petitioner No. 3 against
informant and other in which her devar ( Deepak Kumar ) was
killed. As a matter of fact, there was love affairs between
Deepak Kumar and Laxmi Kumar ( deceased ) which was
opposed by informant side due to which both of them consumed
poison and died. During course of investigation, no material has
come to show the involvement of these petitioners in the alleged
occurrence . Petitioners have been made accused in this case
only because they are family members of co-accused Deepak
Kumar (deceased ). Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the aforesaid case , clean antecedent of
these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as 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 learned
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CJM Vishali Hajipur in connection with Jandaha ( Mahisaur )
P.S. Case No. 108 of 2025 , subject to the conditions laid down
under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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