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Patna High Court

Shyam Babu Ray @ Bhola RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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