Patna High Court
Ramnath RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, finding that the circumstances warranted his release on bail.
Summary
The petitioner, Ramnath Rai, was arrested in connection with a case registered under Sections 302 and 34 of the Indian Penal Code relating to a murder alleged to have occurred in 2010. He had been in custody since 23 February 2024 and earlier sought bail, which was denied by the Patna High Court on 18 October 2024. The petitioner contended that he was innocent, that the allegations were vague, and that no specific overt act was attributed to him. The State opposed the bail, emphasizing the seriousness of the charges and the fact that charges had been formally framed on 9 January 2026. Considering the length of custody, the framing of charges, and the lack of concrete evidence linking the petitioner to the alleged act, the Court allowed the bail application. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 302 and 34 IPC after charges have been framed and prolonged custody.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- Indian Penal Code
- Section 302
- Section 34
- murder
- common intention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74086 of 2025
Arising Out of PS. Case No.-85 Year-2010 Thana- RAGHOPUR District- Vaishali
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Ramnath Rai Son of Yogendra Rai @ Yogendra Ray Resident of village
Jafrabad Tok, P.S.- Raghopur (Rustampur O.P.), District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Lovekush Kumar, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302 and 34 of the Indian
Penal Code.
3. Earlier, the prayer for grant of bail to the petitioner
was rejected by this Court vide order dated 18.10.2024 passed in
Cr. Misc. No. 58801 of 2024.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Allegation of firing is general and omnibus and no specific
accusation of overt act has been alleged against this petitioner. It
is further submitted that charges have already been framed
against the petitioner vide order dated 09.01.2026. Petitioner is
Patna High Court CR. MISC. No.74086 of 2025(4) dt.30-01-2026
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in custody since 23.02.2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, period of custody and the fact that charges have already
been framed against the petitioner, the prayer for grant bail of to
the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Additional Sessions Judge XIV, Vaishali
at Hajipur in connection with Raghopur P.S. Case No. 85 of
2010.
(Prabhat Kumar Singh, J)
shashank/-
U T
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