Patna High Court

Ram Shresth Raut @ Ram Shresht RautversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted as the allegations were based merely on suspicion and the petitioners possessed clean antecedents, subject to conditions under Sec. 438(2) CrPC and Sec. 482(2) CrPC.

Summary

The petitioners, Ram Shresth Raut, Raju Raut and Meena Kumia, sought anticipatory bail fearing arrest in a murder case under Sections 302 and 34 of the IPC. The prosecution alleged that the death of an informant's son was a homicide, but the post‑mortem report indicated death due to sudden cardiac arrest from electric shock and the police investigation concluded the case was false. The petitioners claimed they were falsely implicated because of prior enmity and had clean antecedents. The learned magistrate had nonetheless taken cognizance of the case. The High Court, after considering the facts, granted anticipatory bail on the condition that the petitioners surrender within eight weeks and furnish bail bonds, subject to the conditions of Section 438(2) CrPC and Section 482(2) CrPC.

Issues considered

Whether anticipatory bail can be granted in a murder case where the allegations are based solely on suspicion.
Whether the petitioners' claim of false implication and clean antecedent justify bail.
Whether conditions under Section 438(2) CrPC and Section 482(2) CrPC may be imposed.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Indian Penal Code — s. 302, 34

Subjects

anticipatory bail
murder
IPC 302
IPC 34
CrPC 438
CrPC 482
false implication
post-mortem report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7344 of 2026
                        Arising Out of PS. Case No.-118 Year-2020 Thana- BELA District- Sitamarhi
                 ======================================================
           1.     Ram Shresth Raut @ Ram Shresht Raut Son of Late Vishnu Raut R/o
                  Village -Thumma @ Kanhwa @ Kanhama, Ward no. - 4, P.S.- Bela, Dist.-
                  Sitamarhi.
           2.    Raju Raut @ Raju Kumar Son of Ram Shresth Raut @ Ram Shresht Raut
                 R/o Village - Kanhwa @ Kanhama, Ward no. - 4, P.S.- Bela, Dist.-
                 Sitamarhi.
           3.     Meena Kumari D/o Ram Shresth Raut @ Ram Shresht Raut R/o Village -
                  Kanhwa @ Kanhama, Ward no. - 4, P.S.- Bela, Dist.- Sitamarhi.
                                                                             ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar
                 For the Opposite Party/s :        Mr.Ganesh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 302/34 of the Indian

                   Penal Code.

                                3. As per prosecution case, on 18.10.2020 at around

                   09:30 p.m., informant was informed that the dead-body of his

                   son is kept in the clinic of Dr. Shiv Shankar Prasad. Upon such

                   information, he came to said clinic and found his son dead and

                   came to know that his son died out of electrocution but there

                   was no mark of burn injury on his body, therefore, informant

                   suspects that his son has been murdered by these petitioners and

                   others.
           Patna High Court CR. MISC. No.7344 of 2026(2) dt.19-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     petitioners have been falsely implicated in this case due to

                     previous enmity. Accusation is based on only suspicion. Police,

                     after investigation, submitted final form, finding the case to be

                     false, however, differing with the same, the learned Magistrate

                     took cognizance. As per post-mortem report, cause of death is

                     sudden cardiac arrest due to electric shock.        Petitioners claim

                     clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged 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 S.D.J.M., Sadar Sitamarhi / concerned

                     Court in connection with Bela P.S. Case No. 118 of 2020,

                     subject to condition as laid down under Section 438(2) of the

                     Cr.P.C. / Section 482(2) of the B.N.S.S.



                                           (Prabhat Kumar Singh, J)
anay

U      T

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