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Patna High Court

Ramnath RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                                         2/2




                       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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