Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's regular bail.
Summary
The petitioner, Ravi Kumar, applied for regular bail in a murder case (Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023) alleging that his wife’s death was a suicide, as indicated by the post‑mortem report showing only a neck injury and no external injuries. He highlighted that only two of eight witnesses had been examined, that he has been in custody since 13‑05‑2025, and that a two‑year‑old child is being cared for by his elderly parents. The State and the informant opposed bail, asserting that the petitioner had killed the deceased and should remain in custody throughout the trial. Considering the post‑mortem findings, the length of custody, and the delay in trial, the court allowed the bail application. The petitioner was released on bail upon furnishing a Rs. 10,000 bond with two sureties of equal amount, with the court noting that its observations are prima facie and not to influence the trial’s merits.
Issues considered
- Whether regular bail can be granted to an accused of murder under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, given the post‑mortem report suggesting suicide and the circumstances of custody.
- Whether the limited examination of witnesses and the delay in trial justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- regular bail
- murder
- suicide
- post‑mortem report
- Bharatiya Nyaya Sanhita
- criminal procedure
- custody
- delay in trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76744 of 2025
Arising Out of PS. Case No.-312 Year-2024 Thana- NADI P.S. District- Patna
======================================================
Ravi Kumar S/o Umesh Ray R/o Village- Jethuli, PS- Nadi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
For the Informant : Mr. Abu Nasar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 05-05-2026 Heard the learned Senior counsel for the petitioner,
learned counsel for the informant and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Nadi P.S. Case No. 312 of 2024 registered for the offence under
Sections 80, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of killing his wife along with the other accused persons.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and has committed no offence. He
further submits that the petitioner has not killed his wife rather
the deceased had committed suicide which is apparent from the
postmortem report. Except for the injury in the neck there is no
Patna High Court CR. MISC. No.76744 of 2025(5) dt.05-05-2026
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external injury. He also submits that the family of the deceased
was informed by the family of the petitioner and there is a two
years child who is being looked after by the old parents of the
petitioner. Learned senior counsel further submits that out of
eight witnesses only two witnesses have been examined.
Petitioner is in custody since 13.05.2025.
5. Learned A.P.P. appearing for the State as well as
informant have vehemently opposed the prayer for bail and
submits that the petitioner has killed the deceased and therefore
he should remain in custody during the entire trial.
6. Considering the facts and circumstances of the case,
period of custody, postmortem report and the delay in trial, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court, in connection with Nadi P.S. Case No.
312 of 2024.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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