Patna High Court

RAVI KUMARversusThe State of Bihar

Decided: 11 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that, in view of the petitioner’s lack of antecedent, the post‑mortem indicating death by hanging, and the circumstances of the FIR, regular bail should be granted.

Summary

Ravi Kumar was arrested in connection with the death of his wife, Kajal Kumari, under sections 80, 238 and 3(5) of the B.N.S. The prosecution alleged that Kumar, along with others, murdered the deceased. The petitioner contended that the death was a suicide by hanging, citing the post‑mortem report showing a ligature mark and asphyxia, and argued that the FIR was filed after obtaining his signature under duress. He also highlighted his clean criminal record and that he had been in judicial custody since 16‑10‑2025. After hearing both sides, the High Court found the bail application credible and ordered his release on regular bail upon furnishing a bond with sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the charges under sections 80, 238 and 3(5) of the B.N.S.

Legislation cited

B.N.S. — s. 238, 3(5), 80

Subjects

regular bail
murder
post‑mortem report
mental illness claim
criminal antecedent
B.N.S.
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7630 of 2026
                        Arising Out of PS. Case No.-582 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 RAVI KUMAR Son of Ramji Mahto @ Ramjee Prasad Resident of Mohalla -
                 Jhingnagar, Police Station - Bihar, District - Nalanda.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :        Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   11-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 80, 238

                   and 3(5) of B.N.S.

                                3. The case of the prosecution is that one Kajal

                   Kumari (deceased) was married to this petitioner on

                   07.02.2025. On 15.10.2025, the informant was called to come

                   soon. When he reached the matrimonial house of the deceased,

                   he found the deceased lying dead there. It is alleged that the

                   petitioner along with others has killed the sister of the

                   informant.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.7630 of 2026(2) dt.11-02-2026
                                            2/3




          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that just a day after the

          FIR, the informant has filed a petition before learned trial court

          that the deceased was mentally ill and she used to take

          different kinds of medicines and the FIR has been filed after

          obtaining his signature on plain paper. Learned counsel has

          further submitted that from perusal of the postmortem report

          also, it will transpire that the doctor conducting autopsy of the

          deceased has found ligature mark on her neck and the cause of

          death according to the doctor is asphyxia due to hanging. A

          statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. Moreover, he is

          languishing in judicial custody since 16.10.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Biharsharif P.S. Case No. 582 of 2025 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
            Patna High Court CR. MISC. No.7630 of 2026(2) dt.11-02-2026
                                                        3/3




                      Magistrate, Nalanda at Biharsharif.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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