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Patna High Court

Shri Kant RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to strict conditions.

Summary

The petitioner, Kant Ray, was arrested in connection with a murder case (Chandi P.S. Case No. 209 of 2024) alleged under Sections 103(2) and 3(5) of the BNS, where the victim was said to have been hanged. The petitioner claimed the FIR was fabricated, asserting that the victim had actually committed suicide and that he had a clean criminal record. The informant’s counsel and the State opposed bail, while the petitioner’s counsel highlighted the investigation’s paragraph‑84 indicating independent witnesses supporting the suicide theory. The court examined the clean antecedent, the investigation’s findings, and the seriousness of the charge, and decided to grant bail with a bond of Rs.10,000 and two sureties, imposing conditions of cooperation, presence, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent by the lower court.

Issues considered

  • Whether bail should be granted to an accused of murder under Sections 103(2) and 3(5) of the BNS.
  • Whether the claim that the victim committed suicide negates the necessity for custodial detention.
  • Whether the petitioner’s clean antecedent and investigation findings justify bail despite the seriousness of the offence.

Legislation cited

  • BNS — s. 103(2), 3(5)

Subjects

  • bail
  • murder
  • suicide
  • false FIR
  • clean antecedent
  • Section 103
  • Section 3
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75228 of 2025
                       Arising Out of PS. Case No.-209 Year-2024 Thana- CHANDI District- Bhojpur
                 ======================================================
                 Shri Kant Ray S/O Late Panchhi Rai Village- Bhadwar, P.S.- Chandi, District-
                 Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Niranjan Parihar, Advocate
                 For the Opposite Party/s :       Mr.Nagendra Prasad, APP
                 For the informant        :       Md. Ataul Haque, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   23-03-2026                  Heard Mr.Niranjan Parihar, , learned counsel for the

                   petitioner, Md. Ataul Haque, learned counsel for the informant

                   and Mr.Nagendra Prasad, learned Additional Public Prosecutor

                   for the State.

                                2. The petitioner seeks bail, who is in custody since

                   30.03.2025 in connection with Chandi P.S. Case No. 209 of

                   2024, F.I.R. dated 02.12.2024 registered for the offence

                   punishable under Sections 103(2),3(5) of BNS.

                                3. Allegation against the petitioner is that he

                   alongwith other co-accused persons killed the son of the

                   informant by hanging.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. The allegation
Patna High Court CR. MISC. No.75228 of 2025(6) dt.23-03-2026
                                            2/3




          as alleged in the FIR is false and fabricated and the petitioner

          has not committed any offence as alleged in the FIR. In fact the

          petiitoner was in love with the family members of the informant

          and due to this reason the deceased has committed suicide

          himself. Learned counsel for the petitioner further submits that

          it has come during investigation in paragraph-84 of the case

          diary that the independent witnesses have stated that the victim

          has committed suicide himself and petitioner has been made

          accused in the present case merely on the ground that the

          petitioner is family member of the Kajal Kumari. The police,

          after investigation, submitted the chargesheet against the

          petitioner and the petitioner is in custody since 30.03.2025.

                       5. Learned counsel for the informant and learned

          A.P.P. for the State, on the other hand, has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent and it has come during investigation that the victim

          has committed suicide himself, let the petitioner, above named,

          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 Chief Judicial Magistrate, Bhojpur at

          Arrah in connection with Chandi P.S. Case No. 209 of 2024,
               Patna High Court CR. MISC. No.75228 of 2025(6) dt.23-03-2026
                                                           3/3




                         with the following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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