Patna High Court
Rima Devi @ Ribha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused anticipatory bail to the petitioners as the prosecution evidence, including an eye‑witness statement, justified detention.
Summary
The petitioners sought anticipatory bail in a murder case where the deceased was the son of an informant. The prosecution alleged that the petitioners, along with others, assaulted and killed the victim on 10 July 2025, based on a statement by an eye‑witness, Rajan Kumar, and circumstantial evidence. The petitioners argued that the informant was not an eye‑witness and that the evidence was incomplete, asserting their clean antecedent. The State opposed bail, emphasizing the specific accusations in the FIR and the eye‑witness testimony. Considering the seriousness of the offence, the nature of the accusations, and the material evidence, the court refused the anticipatory bail application, disposing of both cases by a common order.
Issues considered
- Whether anticipatory bail should be granted when the prosecution case is based primarily on circumstantial evidence.
- Whether the presence of an eye‑witness statement and the seriousness of the alleged murder preclude the grant of anticipatory bail.
- Whether a petitioner's clean antecedent is sufficient to outweigh the prosecution's evidence for bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 238(a), 3(5)
Subjects
- anticipatory bail
- circumstantial evidence
- murder
- bail refusal
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85899 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Rima Devi @ Ribha Devi W/O Satish Singh @ Satish Kumar Singh R/O
Village- Bhagwatiya, P.S.-Kesariya, District- East Champaran
2. Sabita Devi @ Suchchu Devi W/O Ajay Singh @ Ajay Kumar Singh R/O
Vill.- Akhtiyarpur, P.S.- Baruraj, Dist.- Muzaffarpur
3. Saloni Singh @ Sushma Kumari @ Saloni Kumari D/O Ajay Singh @ Ajay
Kumar Singh R/O Vill.- Akhtiyarpur, P.S.- Baruraj, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 86568 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
1. Ankush Kumar @ Ankush Singh S/O Satish Singh @ Satish Kumar Singh
R/o Village- Bhawatiya, P.S.-Kesariya, District- East Champaran
2. Jyotish Singh @ Jyotish Kumar Singh S/O Bramdev singh @ Brahmdev
Singh R/o Village- Bhawatiya, P.S.-Kesariya, District- East Champaran
3. Aman Kumar @ Aman Kumar Pyare @ Aman Kumar Singh @ Pyare S/O
Ajay Singh @ Ajay Kumar Singh @ Abhay Singh R/O Vill.- Akhtiyarpur,
P.S.- Baruraj, Dist.- Muzaffarpur
4. Ajay Singh @ Ajay Kumar Singh @ Abhay Singh S/O Paras Singh R/O
Vill.- Akhtiyarpur, P.S.- Baruraj, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85899 of 2025)
For the Petitioner/s : Mr. Samir Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 86568 of 2025)
For the Petitioner/s : Mr. Samir Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
Patna High Court CR. MISC. No.85899 of 2025(3) dt.20-02-2026
2/3
3 20-02-2026 Both the aforementioned cases are being disposed of
by a common order.
2. Heard learned counsel for the petitioners and the
State.
3. Petitioners apprehend arrest in Kalyanpur P. S.
Case No. 282 of 2025 registered for the offences punishable
under Sections 103(1), 238(a), 3(5) of the Bharatiya Nyaya
Sanhita.
4. Prosecution case, in brief, is that on 10.07.2025 at
about 10:30 PM, son of the informant went with one Rajan
Kumar Singh to Bhagwatia and when they reached near the
house of Brahmadev Singh, all the F.I.R. named accused
persons, including these petitioners, surrounded and assaulted
them from where Rajan Kumar Singh managed to escape and
informed the informant about the incident. On the next morning,
dead body of the son of informant was recovered near Jhapla
Bhagwati Temple. Informant suspects that the accused persons
committed murder of her son.
5. Learned counsel for the petitioners submits that
informant is not an eye witness to the occurrence and petitioners
have falsely been implicated in this case only on suspicion. The
case is purely based on circumstantial evidence and the chain of
Patna High Court CR. MISC. No.85899 of 2025(3) dt.20-02-2026
3/3
circumstances is incomplete and fails to establish the guilt of the
accused beyond doubt. Petitioners claim clean antecedent.
6. However, learned A.P.P. for the State vehemently
opposed the bail application and submitted that petitioners are
named in the F.I.R. with specific accusation that these
petitioners along with other accused persons assaulted and killed
the deceased. During investigation, in paragraph no. 5 of the
case diary, Rajan Kumar, who claims to be eye witness of the
occurrence, has also supported the prosecution case and stated
that these petitioners are assailants of the deceased.
7. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the
petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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