Patna High Court
Sriram Rajwar @ Shree RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that due to the absence of substantive evidence linking the petitioners to the alleged crime and the procedural delay, bail should be granted subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, relatives of a co-accused, sought bail after being apprehended in a case registered under Sections 103 and 3(5) of the Bhartiya Nyaya Sanhita for the alleged murder of a husband. The FIR, filed three days after the incident, alleged that the co-accused Moti Rajwar had taken the deceased on his bike, after which the body was discovered. The petitioners argued they were falsely implicated, citing lack of any tangible evidence linking them to the crime and asserting that the death resulted from injuries sustained after consuming spurious liquor. The State opposed bail, maintaining the seriousness of the offences. The court, noting the absence of material evidence against the petitioners and the delay in filing the FIR, ordered bail on the condition of a Rs.10,000 bond with two sureties each, invoking Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was conditioned on the petitioners surrendering within eight weeks of the order.
Issues considered
- Whether the petitioners can be held liable under Sections 103 and 3(5) of the Bhartiya Nyaya Sanhita for the alleged offence.
- Whether the delay in filing the FIR and lack of tangible evidence justify granting bail.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the court to enlarge bail in this circumstance.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103, 3(5)
Subjects
- bail
- false implication
- criminal procedure
- Section 103
- Section 3(5)
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- evidence
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84666 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
1. Sriram Rajwar @ Shree Ram S/o Late Deni Rajwar @ Ramdeni Ram
Resident of village- Koidih, P.S.- Tilauthu, District- Rohtas,Bihar
2. Hira Rajwar @ Hira Kumar S/o Late Deni Rajwar @ Ramdeni Ram
Resident of village- Koidih, P.S.- Tilauthu, District- Rohtas,Bihar
3. Kamlesh Rajwar @ Kamlesh Ram S/O Amavsh Ram R/O Vill.- Khiriyan,
P.S.- Kachhwan, Dist.- Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjwal Kumar Singh
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 103, 3(5) of the
Bhartiya Nyaya Sanhita.
3. As per F.I.R., on 15.06.2025, co-accused Moti
Rajwar came and took informant’s husband with him on his bike
for some labour work, but he did not return and on being
inquired by informant, co-accused Moti Rajwar told her that her
husband will return tomorrow. When informant’s husband did
not return even during late night of 16.06.2025, she started
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searching for her husband and in course of search, she received
an information that a dead body is lying and when she went
there, she found dead-body of her husband.
4. Learned counsel for the petitioners submits that
petitioners are simply victim of false implication in this case
because they are relatives of co-accused Moti Rajwar. As per
F.I.R., it was co-accused Moti Rajwar, who took away the
deceased on his bike. During investigation, no tangible evidence
has come to show complicity of these petitioners in the alleged
occurrence. F.I.R. has been lodged after a delay of three days.
As a matter of fact, the deceased consumed some spurious
liquor and while returning to home, the deceased sustained
injuries and later, succumbed to his injuries.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class -cum- A.M., Dehri-on-
Sone, Rohtas in connection with Tilauthu P.S. Case No. 184 of
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2025, subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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