Patna High Court
Ramesh Rai @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in the present case.
Summary
The petitioner, Ramesh Rai, applied for bail in a criminal case (Chiraiya P.S. Case No. 406 of 2025) alleging his involvement in an abduction conspiracy under Sections 137(2) and 87 of the B.N.S., 2023. The prosecution alleged that Anjesh Kumar abducted an informant's wife and that the petitioner was part of the conspiracy. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that there was an unjustified 18‑day delay in filing the case. The State opposed bail, but the court, after hearing both sides, found merit in the petitioner's arguments and the circumstances. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail in a case under Sections 137(2) and 87 of the B.N.S., 2023
- Whether the delay of eighteen days in filing the case warrants denial of bail
- Whether the petitioner’s alleged involvement in the conspiracy is substantiated
Legislation cited
- B.N.S., 2023 — s. 137(2), 87
Subjects
- bail
- criminal procedure
- abduction
- conspiracy
- delay in filing FIR
- Section 137(2) B.N.S.
- Section 87 B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7636 of 2026
Arising Out of PS. Case No.-406 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Ramesh Rai @ Ramesh Kumar S/O Babu Lal Rai R/O Village- Saguniya .P.S-
Chiraiya ,District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard Mr. Ritesh Kumar Sinha, learned counsel for the
petitioner and Mr. Mohammad Sufyan, learned APP for the State.
2. The petitioner has prayed for bail in connection with
Chiraiya P.S. Case No. 406 of 2025 registered for the offence
punishable under Sections 137(2), 87 of the B.N.S., 2023.
3. The case of the prosecution in short is that one
Anjesh Kumar has abducted the wife of the informant. It is further
alleged that the petitioner, along with others, has a role in the
conspiracy.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that the petitioner is separate from Anjesh Kumar in mess
and residence. The main thrust of the allegation is against Anjesh
Patna High Court CR. MISC. No.7636 of 2026(2) dt.17-02-2026
2/2
Kumar. He also submits that the occurrence is of 30.08.2025,
whereas this case was filed on 18.09.2025, which is a delay of
eighteen days in filing this case and the delay has not been
explained. He further submits that a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 03.10.2025
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Motihari, East Champaran in connection with
Chiraiya P.S. Case No. 406 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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