Patna High Court

Sanjay RamversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court denied anticipatory bail to the petitioners.

Summary

The petitioners, six residents of Simra village, sought anticipatory bail after being named in an FIR for the murder of an informant's son under Sections 103(1) and 3(5) of the B.N.S. The prosecution alleged that the accused, together with others, caused the victim's death by asphyxia, while the petitioners argued that the informant was not an eye‑witness and that the death resulted from excessive alcohol consumption. The State opposed the bail, highlighting the seriousness of the offence, the specific accusations, and the petitioners' prior criminal antecedent. The court noted the gravity of the charge, the direct nature of the allegations, and the petitioners' criminal record. Consequently, the court rejected the petition for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioners accused of murder under Sections 103(1) and 3(5) of the B.N.S.
Whether the petitioners' criminal antecedent and the seriousness of the offence preclude the grant of anticipatory bail

Legislation cited

B.N.S. — s. 103(1), 3(5)

Subjects

anticipatory bail
murder
criminal antecedent
B.N.S.
Sections 103(1)
Section 3(5)
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.72700 of 2025
                     Arising Out of PS. Case No.-208 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
           1.     Sanjay Ram S/o Late Ram Pukar Ram All Resident of Village- Simra, P.S.-
                  Parsa Bazar, Dist.- Patna
           2.    Ravi Kumar S/O Sanjay Ram All Resident of Village- Simra, P.S.- Parsa
                 Bazar, Dist.- Patna
           3.    Sohit Kumar S/O Sanjay Ram All Resident of Village- Simra, P.S.- Parsa
                 Bazar, Dist.- Patna
           4.    Mohit Kumar S/O Sanjay Ram All Resident of Village- Simra, P.S.- Parsa
                 Bazar, Dist.- Patna
           5.    Sonu Ram S/O Late Ram Pukar Ram All Resident of Village- Simra, P.S.-
                 Parsa Bazar, Dist.- Patna
           6.    Chotu Ram S/O Late Ram Pukar Ram All Resident of Village- Simra, P.S.-
                 Parsa Bazar, Dist.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                 Ms. Deepti Pandey, Advocate
                 For the State           :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                    Heard Mr. Krishna Prasad Singh, learned senior

                   counsel appearing on behalf of the petitioners and Mr. Pramod

                   Kumar Pandey, learned APP appearing on behalf of the State.

                                  2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 103(1) and

                   3(5) of the B.N.S..

                                  3. As per prosecution case, informant suspects that all

                   the F.I.R. named accused persons, including these petitioners,
Patna High Court CR. MISC. No.72700 of 2025(3) dt.16-01-2026
                                            2/3




          killed the son of the informant.

                       4. It is submitted by learned senior counsel appearing

          on behalf of the petitioners that petitioners are quite innocent

          and have committed no offence. Informant is not an eye witness

          of the alleged occurrence and only suspicion has been raised

          against these petitioners. The informant himself stated that his

          son was in drunken condition and it appears that he died due to

          excessive consumption of liquor.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioners and submitted that petitioners are named in the

          F.I.R. and the allegation levelled against them is that they, along

          with other accused persons, committed murder of son of

          informant. As per post mortem report, the cause of death was

          opined to be asphyxia resulted from ante mortem compression

          of mouth, nose and chest. It is further submitted that the prayer

          for grant of anticipatory bail to similarly situated co-accused

          persons has already been rejected by this Hon’ble Court vide

          order dated 10.11.2025 passed in Cr. Misc. No. 74981 of 2025.

          Petitioners have got one criminal antecedent.

                       6. Considering the facts and circumstances of the

          case, specific and direct nature of accusation, gravity of offence
             Patna High Court CR. MISC. No.72700 of 2025(3) dt.16-01-2026
                                                         3/3




                       and criminal antecedent of the petitioners, the prayer for grant

                       of anticipatory bail to the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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