Patna High Court
Vijay Rai @ Vijay RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, subject to a bond of Rs.10,000 with two sureties and the conditions of Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners Vijay Rai, Usha Devi and Sajjan Kumar sought bail fearing arrest in a murder case (Phulwariya PS Case No. 45 of 2025) filed under Sections 80(2), 61(2) and 3(5) of the BNS. The prosecution alleged that they had killed the deceased, but the investigating police had exonerated them. The learned magistrate, however, took cognizance of the offence and the petitioners filed a bail application. The High Court, noting the police exoneration, allowed the bail application subject to a bond of Rs.10,000 with two sureties and the conditions of Section 438(2) CrPC and Section 482 BNSS. The order directed that bail be granted if the petitioners are arrested or surrender within four weeks of the order.
Issues considered
- Whether bail should be granted to the petitioners despite the magistrate’s cognizance of the offence.
- Whether the police exoneration influences the bail decision under Section 438 CrPC.
- Applicability of Section 482 of the BNSS in granting bail.
Legislation cited
- BNS — s. 3(5), 61(2), 80(2)
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- police exoneration
- cognizance
- Section 438 CrPC
- Section 482 BNSS
- Bihar criminal law
- murder allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74022 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- PHULWARIA District- Begusarai
======================================================
1. Vijay Rai @ Vijay Ray Son of Late Ram Gulam Rai @ Ram Gulam Rai R/O
Vill.- Malti, Bihat Nagar, Ward NO .- 01, P.S- Phulwariya, Dist- Begusarai.
2. Usha Devi wife of Vijay Rai @ Vijay Ray R/O Vill.- Malti, Bihat Nagar,
Ward NO .- 01, P.S- Phulwariya, Dist- Begusarai.
3. Sajjan Kumar @ Sajan Kumar Son of Vijay Rai @ Vijay Ray R/O Vill.-
Malti, Bihat Nagar, Ward NO .- 01, P.S- Phulwariya, Dist- Begusarai.3. ,
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Phulwariya P.S. Case No. 45 of 2025 registered
for the offence under Sections 80(2), 61(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
alleged to have killed the deceased.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
police, after investigation, has exonerated the petitioners but the
Patna High Court CR. MISC. No.74022 of 2025(3) dt.09-03-2026
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learned Magistrate has differed with the final form and has
taken cognizance against the petitioners and in support of the
same, the learned counsel for the petitioner has filed
supplementary affidavit in this case.
5. Considering the fact that the police has
exonerated the petitioners, this application is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, First Class, Begusarai/concerned Court below in
connection with Phulwariya (Phulwaria) P.S. Case No. 45 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
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