Patna High Court

Rampani Rai @ Rampani KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioners.

Summary

The petitioners, Rampani Rai, Shyam Narayan Rai and Ranjan Kumar, were arrested in connection with a murder case (Sonepur P.S. Case No. 572 of 2024) and charged under Sections 103, 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. An earlier application for anticipatory bail had been rejected by the same court. The petitioners argued that they were falsely implicated, that the charge‑sheet was vague, and that there were no eyewitnesses, while the State opposed bail. The court considered the length of custody, the lack of specific evidence against the petitioners, and the principle of parity with co‑accused who had already been released on bail. Accordingly, the court granted bail, directing each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioners are entitled to bail despite the earlier rejection of anticipatory bail
Whether the nature of the allegations and lack of eyewitnesses justify bail
Whether the period of custody and parity with co‑accused warrant release on bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5), 61(2)

Subjects

bail
anticipatory bail
criminal procedure
Bharatiya Nyaya Sanhita
murder
parity
custody
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8323 of 2026
                       Arising Out of PS. Case No.-572 Year-2024 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Rampani Rai @ Rampani Kumar Son of Late Bharath Rai R/o Village -
                  Sabalpur Hastitola, P.S. - Sonpur, District - Saran.
           2.    Shyam Narayan Rai Son of Late Bharath Rai R/o Village - Sabalpur
                 Hastitola, P.S. - Sonpur, District - Saran.
           3.    Ranjan Kumar Son of Jhimi Rai R/o Village - Sabalpur Hastitola, P.S. -
                 Sonpur, District - Saran.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Bhushan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The petitioners seek bail in connection with Sonepur

                   P.S. Case No. 572 of 2024, instituted for the offences punishable

                   under Sections 103, 238, 61(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023. Earlier vide order dated 10.10.2025, passed in Cr.

                   Misc. No. 45049 of 2025, anticipatory bail of the petitioner was

                   rejected by this Court.

                           3. The prosecution case, in short, is that, the petitioners

                   along with other co-accused persons committed murder of
Patna High Court CR. MISC. No.8323 of 2026(2) dt.03-02-2026
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          informant’s son.

                  4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. It is

          further submitted that neither any specific allegation levelled

          against the petitioners nor there is any eye witness to the said

          occurrence. The allegation levelled against the petitioners is

          general and omnibus in nature. The petitioners are in custody

          since 03.11.2025 and petitioner Nos. 1 & 3 bear four criminal

          antecedents each, whereas petitioner No.2 bears two criminal

          antecedents. Other co-accused has been granted bail by this

          Court vide order dated 23.07.2025, passed in Cr. Misc. No.

          22153 of 2025.

                  5. Learned APP for the State has vehemently opposed the

          prayer for grant of bail to the petitioners.

                  6. Considering the aforesaid facts and circumstances of

          the case and taking into account the period of custody

          undergone by the petitioners as also claim based on parity, this

          Court is inclined to grant bail to the petitioners.

                  7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.8323 of 2026(2) dt.03-02-2026
                                                       3/3




                     below/concerned Court in connection with Sonepur P.S. Case

                     No. 572 of 2024.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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