Patna High Court
Shyam Babu Ray @ Bhola RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, directing his release on furnishing bail bonds and sureties.
Summary
The petitioner, Shyam Babu Ray, was arrested in connection with a murder case (Rampur Hari P.S. Case No. 144 of 2025) alleged under Sections 103(1) and 3(5) of the BNS, 2023. He claimed that he was falsely implicated, asserting an alibi that he was driving a bus at the time of the incident and that the informant’s affidavit supported his innocence. The State opposed bail, pointing to the post‑mortem report indicating ligature strangulation as the cause of death. The Court examined the lack of substantive material against the petitioner, his familial relationship to the deceased, the period of custody, and the fact that a charge‑sheet had been filed. Considering these factors, the Court ordered his release on bail subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1) and 3(5) of the BNS, 2023 in view of the alleged murder and the material on record.
Legislation cited
Subjects
- bail
- murder
- ligature strangulation
- alibi
- charge sheet
- Section 480(3)
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89997 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Shyam Babu Ray @ Bhola Ray, S/O Kamal Kishor Ray @ Kishori Ray, R/O
Village- Barmjiwar Chakki, P.S- Rampur Hari, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Rampur Hari P.S. Case No. 144 of 2025,
registered for the alleged offence under Sections 103(1), 3(5) of
BNS, 2023.
3. As per prosecution case, the petitioner and other co-
accused persons killed the sister of the informant, who was the
sister-in-law of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is married with the sister of the husband of
the deceased and has been staying in his village. But the
informant has wrongly alleged that the petitioner was staying in
Patna High Court CR. MISC. No.89997 of 2025(3) dt.20-02-2026
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his matrimonial home. It is not believable that without any
rhyme and reason, the petitioner indulged in the act of killing of
the sister of the informant. In fact, the petitioner was not present
at the place of occurrence as he is bus driver and has been
plying the bus even on the date and time of the occurrence. The
deceased has three children and aged about 16 years, 13 years
and 11 years, respectively and the informant and the eldest son
of the deceased have filed an affidavit before the learned trial
court stating that there was no involvement of the accused
persons in the death of the sister of the informant as alleged in
the FIR. The petitioner is in custody since 11.09.2025 and is
having antecedent of one case and he is on bail in that case. The
charge sheet has been submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner. The learned APP submits that
in the post mortem report, the cause of death has been stated to
be ligature strangulation.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner is stated to be the brother-in-law of the
deceased (nandosi) and further considering the lack of
substantive material against the petitioner and also considering
Patna High Court CR. MISC. No.89997 of 2025(3) dt.20-02-2026
3/3
the period of custody of the petitioner along with submission of
charge sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class (East),
Muzaffarpur/court concerned in connection with Rampur Hari
P.S. Case No. 144 of 2025, subject to the conditions mentioned
in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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