Patna High Court
Shri Kant RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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