Patna High Court
Rajiv RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S., 2023 — s. 103(1), 238(A), 3(5)
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
Checking your session…