Patna High Court
Govinda RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a bond and sureties.
Summary
The petitioner, Govinda Ravidas, was charged with murder under Sections 103(1) and 3(5) of the B.N.S. The prosecution's case relied on hearsay evidence, with no eye‑witness and a two‑day delay in filing the FIR. The petitioner argued that the allegations were based merely on suspicion, highlighted a prior personal dispute, and noted his clean criminal record. The State opposed bail solely because the petitioner was named in the FIR. The court examined the lack of substantive evidence, the delay, and the petitioner’s willingness to cooperate, and consequently granted bail on condition of a Rs.10,000 bond with two sureties and attendance at every trial date.
Issues considered
- Whether bail should be granted when the case against the accused is based only on suspicion and hearsay evidence
- Whether the delay in filing the FIR and absence of an eye‑witness justify denial of bail
- Whether the mere inclusion of the accused’s name in the FIR is sufficient ground to refuse bail
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- murder
- suspicion
- FIR delay
- hearsay evidence
- criminal antecedent
- Section 103
- Section 3
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82446 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Govinda Ravidas Son of Munarik Ravidas @ Mundrika Das Resident Of
Village - Tejpur, P.S. - Telhara, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Neeraj, Advocate
: Ms. Kumari Anjani Sinha, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 103(1), 3(5) of the
B.N.S.
3. As per the prosecution case, the petitioner along
with other co-accused persons is said to have committed the
murder of the son of the informant.
4. The learned counsel for the petitioner submits
that the present case is based only on suspicion inasmuch as,
neither the informant nor any other person is an eye-witness to
the occurrence. The First Information Report itself has been
lodged after a delay of two days inasmuch as, while the
Patna High Court CR. MISC. No.82446 of 2025(3) dt.18-02-2026
2/3
occurrence is said to have taken place on 06.02.2025, the F.I.R.
was lodged on 08.02.2025 and no explanation has been
tendered for such delay. Further, it has been argued that the
deceased was having a love affair with some co-villager and it
is possible that on account of such reason the deceased was
killed. The petitioner has been made an accused since there was
some earlier dispute between the petitioner and the deceased
with regard to game of cricket which has also transpired during
the course of investigation. The witnesses examined during the
course of examination are all hearsay witnesses and one
witness Birendra Choudhary in paragraph-7 of the case diary
has claimed to be an eye-witness, but the very fact that he has
stated that he was looking for the dead body of the deceased
along with the family of the deceased itself goes to show that
he also was not an eye-witness. The petitioner is in custody
since 21.08.2025 with no criminal antecedent and on
04.02.2026 the charges have also been framed and the
petitioner undertakes to cooperate in the trial by appearing on
each and every date.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has been named in the
First Information Report.
Patna High Court CR. MISC. No.82446 of 2025(3) dt.18-02-2026
3/3
6. Taking into consideration the facts and
considering the fact that the case against the petitioner is based
only on suspicion and further charges have also been framed,
let the above named petitioner, who has no criminal antecedent,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned C.J.M.,
Jehanabad/concerned Court below in connection with Ghoshi
P.S. Case No. 58 of 2025, subject to condition that the
petitioner shall remain physically present in court on each and
every date during trial and in the event of failure on two
consecutive dates without sufficient reasons, his bail bonds
shall be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
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