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Patna High Court

Rajiv RavidasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners.

Summary

The petitioners Rajiv and Raju Ravidas were accused of murdering the son of an informant and disposing of the body, alleged under Sections 103(1), 238(A) and 3(5) of the B.N.S., 2023. The prosecution’s case rested on a dispute over remuneration for catching a snake and lacked any eye‑witness; the only witnesses were close relatives who merely expressed suspicion. The petitioners contended that the deceased was of unsound mind, had a history of misbehaviour, and that the post‑mortem report showed only minor injuries, while they had no prior criminal record and a charge‑sheet had already been filed. The State opposed bail, relying on the allegations in the FIR. Considering the absence of an eye‑witness, the weak motive, the minor injuries, and the existence of a charge‑sheet, the bench ordered the release of each petitioner on bail of Rs 10,000 with two sureties, to the satisfaction of the concerned lower court.

Issues considered

  • Whether bail should be granted to the accused under Sections 103(1), 238(A) and 3(5) of the B.N.S., 2023 in the absence of an eye‑witness and a strong motive.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • eye‑witness
  • post‑mortem
  • charge‑sheet
  • B.N.S. 2023
  • Sections 103, 238, 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78085 of 2025
                        Arising Out of PS. Case No.-381 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
           1.     Rajiv Ravidas S/o Late Sidheshwar Ravidas R/o Village - Balbhadra Sarai,
                  P.S - Hilsa, District - Nalanda
           2.    Raju Ravidas S/o Late Sidheshwar Ravidas R/o Village - Balbhadra Sarai,
                 P.S - Hilsa, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   19-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners seek bail in a case registered for

                   the offence punishable under Sections 103(1), 238(A) and 3(5)

                   of the B.N.S., 2023.

                                   3. As per the prosecution case, the petitioner is

                   alleged to have murdered the son of the informant and disposed

                   of the dead body of the deceased.

                                   4. The learned counsel for the petitioners submits

                   that the present case rests only on suspicion as there was some

                   dispute between the petitioners and the deceased with regard to

                   seeking remuneration for catching snake. Neither the informant
Patna High Court CR. MISC. No.78085 of 2025(3) dt.19-02-2026
                                            2/3




          is an eye-witness nor any person during the course of

          investigation has been claimed to be eye-witness to the

          occurrence. The witnesses, who have been examined are close

          relatives of the deceased, who have only raised a suspicion that

          since the deceased had gone to ask for his remuneration, he

          was done to death. However, on such a weak and bleak motive,

          no person would cause death of another. It has further

          transpired during the course of investigation that the deceased

          was of unsound and unstable mind and he used to enter the

          house of the other persons and own sister-in-law of the

          deceased has given a statement in paragraph-10 of the case

          diary that with his unstable mind, he even entered her house in

          the night and had misbehaved with her for which a case has

          been filed against him and he even went behind the bars. The

          postmortem        report     also       indicates    that   upon   external

          examination only some bleeding from nose and swelling on

          right cheek was found. The petitioners are in custody since

          07.07.2025 with no criminal antecedent and charge-sheet has

          been submitted.

                          5. Learned APP for the State opposed the grant of

          bail on the basis of allegations made in the First Information

          Report.
              Patna High Court CR. MISC. No.78085 of 2025(3) dt.19-02-2026
                                                          3/3




                                       6. Taking into consideration the facts and

                        circumstances and considering the fact that there is no eye-

                        witness to the occurrence nor any motive has been alleged

                        against the petitioners, coupled with the fact that the

                        postmortem report also does not indicate any serious injury and

                        charge-sheet having been submitted, let the above named

                        petitioners, be released on bail on furnishing bail bond of Rs.

                        10,000/- (Rupees Ten Thousand) each with two sureties of the

                        like amount each to the satisfaction of the learned A.C.J.M.-Ist,

                        Hilsa, District-Nalanda/concerned Court below in connection

                        with Hilsa P.S. Case No. 381 of 2025.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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