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Patna High Court

Vijay Rai @ Vijay RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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/-

U


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