Created by Fuzzy Cloud

Patna High Court

Ajit RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, finding that the evidence did not sufficiently establish their culpability.

Summary

Ajit Ray and Ramakant Rai were arrested in connection with a murder case (Chandi P.S. Case No. 209 of 2024) alleged under Sections 103(2) and 3(5) of the BNS. The prosecution alleges that the accused hanged the deceased from a tree. The petitioners contend that they have been falsely implicated, that the informant is not an eye‑witness, and that the death was a suicide, as indicated by the injury report showing no external injuries. The petitioners applied for bail, arguing lack of substantive evidence linking them to the alleged homicide. The Court, after hearing the parties, found merit in the petitioners' contentions and ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate. The petitioners were consequently released on bail.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Sections 103(2) and 3(5) of the BNS given the claim of false implication and alleged suicide of the deceased.

Legislation cited

  • BNS — s. 103(2), 3(5)

Subjects

  • bail
  • murder
  • suicide
  • false implication
  • criminal procedure
  • BNS
  • Sections 103(2)
  • Section 3(5)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88460 of 2025
                       Arising Out of PS. Case No.-209 Year-2024 Thana- CHANDI District- Bhojpur
                 ======================================================
           1.     Ajit Ray S/O Pankshi Rai R/O Village- Bhadwar, P.S- Chandi, Distt.-
                  Bhojpur, State- Bihar.
           2.    Ramakant Rai S/O Pankshi Rai R/O Village- Bhadwar, P.S- Chandi, Distt.-
                 Bhojpur, State- Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gaurav Kumar Verma
                 For the Opposite Party/s :      Mr.Pramod Kumar Pandey
                 For the Informant        :      Mr. Kuldeep Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   24-03-2026                     Heard the parties.

                                   2. The petitioners seek bail in connection with

                   Chandi P.S. Case No. 209 of 2024 registered for the offence

                   under Sections 103(2) and 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioners are

                   accused of killing the deceased by hanging him with a tree.

                                   4.     The petitioners are in custody since 6.6.2025.

                                   5. Learned counsel for the petitioners has submitted

                   that the petitioners have been falsely implicated in this case and

                   the informant is not an eye witness of the alleged occurrence.

                   He further submits that the deceased has committed suicide,

                   which is apparent from injury report as no external injury has
          Patna High Court CR. MISC. No.88460 of 2025(4) dt.24-03-2026
                                                      2/2




                    been found on body of the deceased and he also submits that if

                    the accused persons would have killed the deceased then there

                    must be some external injury found on the body of the deceased.

                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                    7. Let the petitioners, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Judicial Magistrate, 1st Class, Bhojpur at

                    Ara/concerned Court below in connection with Chandi P.S. Case

                    No. 209 of 2024.



                                                               (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.