Patna High Court

Rambabu RayversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted regular bail to the petitioner.

Summary

Rambabu Ray, the father of the main accused, was charged under sections 140(3), 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita in a case concerning the death of the informant’s son. He applied for regular bail, contending that he was not named in the FIR and was implicated only through a self‑confessional statement to police, which he argued lacks evidentiary value, and that no prosecution witness corroborated the allegations. The State opposed the bail. The Court noted that the principal allegation pertained to the petitioner’s son, that the confessional statement had not been rebutted, and that the petitioner had a clean criminal record, had been in custody since 10‑08‑2025, and that the investigation against him was complete. Considering these factors, the Court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount.

Issues considered

What is the appropriateness of granting regular bail to the petitioner under sections 140(3), 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita given the circumstances of his implication?

Legislation cited

Bharatiya Nyaya Sanhita — s. 103(1), 140(3), 238, 61(2)

Subjects

regular bail
confessional statement
criminal antecedent
investigation completed
Bharatiya Nyaya Sanhita
sections 140(3) 103(1) 238 61(2)
father of accused
postmortem
drowning

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89953 of 2025
                    Arising Out of PS. Case No.-520 Year-2025 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Rambabu Ray S/O Late Sundar Ray, R/O - Dirahawa Tola, Godhna Road,
                 Anaith, Arrah, Bhojpur,P.S- Arrah Nawada, Dist- Bhojpur-802301
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sahil Kumar, Adv.
                 For the Opposite Party/s :      Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                      Heard the parties.

                                2. Petitioner seeks regular bail in connection with Ara

                   Nawada P.S. Case No. 520 of 2025 registered for the offences

                   punishable under sections 140(3), 103(1), 238 and 61(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner is not named in the FIR and he has

                   been implicated in the present matter merely on suspicion as he

                   is the father of the main accused Rishi Kumar @ Nandlal Raj and

                   he has been made accused in this case on his self confessional

                   statement before the police which has no evidentiary value in the

                   eye of law and from the perusal of postmortem report it is

                   apparent that the death of the informant’s son had occurred due

                   to drowning in water and no witness of the prosecution has

                   supported the allegations made against the petitioner. It is lastly
           Patna High Court CR. MISC. No.89953 of 2025(2) dt.13-01-2026
                                                       2/2




                     submitted that the petitioner bears no criminal antecedent and has

                     been languishing in jail since 10.08.2025 and against him the

                     investigation has been completed.

                                  4. Learned APP for the State has opposed the prayer of

                     the petitioner.

                                  5. Considering the above submissions, the averments

                     made in this application and mainly the facts that the main

                     allegation appearing from the FIR is against the son of this

                     petitioner and as per the above submission, the petitioner has

                     been made accused mainly on the basis of his confessional

                     statement recorded before the police and there is no rebuttal of

                     the said statement by the State and further, taking note of the

                     petitioner’s custody period, his fair and clean antecedent and

                     completion of investigation against him, this Court is inclined to

                     release him on bail. Accordingly, let the petitioner named-above

                     be released on bail on furnishing bail bond of Rs. 20,000/-

                     (Rupees Twenty Thousand) with two sureties of the like amount

                     each to the satisfaction of the court concerned in connection with

                     Ara Nawada P.S. Case No. 520 of 2025.



                                               (Shailendra Singh, J)
annu/-
U      T

Continue reading with your account

Checking your session…