Patna High Court
Kailash Ravidas @ Budhu RavidasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the prosecution's case was based on mere suspicion and insufficient evidence, warranting the grant of bail to the petitioners.
Summary
The petitioners, members of the Ravidas family, sought bail in a murder case (Kashichak P.S. Case No. 213 of 2024) alleged under Section 103(1) of the B.N.S., where the deceased, Dipu Kumar, was found hanged on a mango tree. The prosecution alleged that the petitioners killed the deceased in an honour‑killing motive because of his relationship with Kaushalya Kumari, the daughter of one of the accused. The defence argued that the FIR was lodged against unknown persons, the only link to the petitioners was a later‑made statement, and the post‑mortem report indicated strangulation rather than hanging, showing lack of concrete evidence. The court examined the circumstantial evidence, the post‑mortem findings, and the petitioners’ clean record, concluding that the case rested on suspicion. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the evidence presented by the prosecution is sufficient to deny bail to the accused under Section 103(1) of the B.N.S.
- Whether the post‑mortem findings indicating strangulation affect the nature of the offence and the grant of bail
- Whether the alleged honour‑killing motive establishes a prima facie case justifying custody
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1)
Subjects
- bail
- honour killing
- murder
- hanging
- strangulation
- post‑mortem report
- suspicion
- Section 103(1) B.N.S.
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91847 of 2025
Arising Out of PS. Case No.-213 Year-2024 Thana- KASHICHAK District- Nawada
======================================================
Kailash Ravidas @ Budhu Ravidas, Son of Late Puna Ravidas, R/o- Belar,
P.S.- Kashichak, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 774 of 2026
Arising Out of PS. Case No.-213 Year-2024 Thana- KASHICHAK District- Nawada
======================================================
1. Niraj Kumar, S/o Mithu Ravidas, Resident of - Belar, P.S - Kashichak,
District - Nawada
2. Navin Ravidas, S/o Sidheshwar Ravidas, Resident of - Belar, P.S -
Kashichak, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 91847 of 2025)
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
(In CRIMINAL MISCELLANEOUS No. 774 of 2026)
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
4 02-04-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners have prayed for bail in connection
with Kashichak P.S. Case No. 213 of 2024 registered for the
offence punishable under Section 103(1) of B.N.S.
Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
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3. The case of the prosecution, in short, is that the
younger son of the informant, namely, Dipu Kumar who was
studying at Nawada, has come to his village- Belar 5-6 days ago.
On 30.12.2024 at 2:00 P.M, he has been hanged on a mango tree.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants. During
course of investigation, the C.D.R. of mobile number of the
deceased was collected and from the C.D.R., it has come that the
deceased was having talks with the daughter of Niraj Kumar who
is one of the petitioners in Cr. Misc. No. 774 of 2026. The
daughter of Niraj Kumar, namely, Kaushlya Kumari was also
being asked by the police and she has also disclosed that she was
on talking terms with the deceased and on the date of occurrence,
she has talk with the deceased late night. She also came to know
that one person is hanged on the mango tree. During investigation,
one Nathun Ravidas has given his statement before the police
which is recorded in para ‘146’ of the case diary wherein he has
stated that there was relationship between the deceased and the
daughter of Niraj Kumar. He has further disclosed that it was
known to all the village that Dipu Kumar and Kaushalya were in
relationship and due to that, Niraj Kumar has called the deceased
Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
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at his house and Ravindra Ravidas, Navin Ravidas and Kailash
Ravidas have killed the deceased. Learned counsel for the
petitioner Navin Ravidas and Kailash Ravidas has submitted that
name of these petitioners has surfaced in this case in the later part
of the investigation that too on 14.08.2025 whereas the occurrence
is of 31.12.2024. It has further been submitted that all of a sudden,
this witness has stated the involvement of Navin Ravidas and
Kailash Ravidas. Before him, nobody has stated anything
regarding them. It has further been submitted that all the
witnesses who have been examined during investigation, they
have stated that they have come to know through villagers but
none of the witnesses have stated as to who has told them
regarding the occurrence. From perusal of the C.D.R. of the
mobile number of the deceased, it is clear that he was on talking
terms with Kaushalya, the daughter of Niraj Kumar but in her
statement, she has not stated anything regarding the occurrence
rather she has admitted only that she was on talking terms with
the deceased. It has further been submitted that save and except
this, there is nothing against the petitioners. The case of the
prosecution is based completely on suspicion or on the
assumption that as the daughter of one of the accused Niraj
Kumar was on talking terms with the deceased, all the accused
persons who are the family members of Kaushalya, have killed
Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
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the deceased. From perusal of the postmortem report, it is clear
that the doctors conducting autopsy of the deceased have opined
that- (i) Hyoid bone can be fractured in hanging, (ii) Circular
ligature mark only seen in strangulation not in hanging, (iii) in
respect to the postmortem report, all findings are consistent with
strangulation. Only one ante-mortem injury was found i.e.
ligature mark of size in length 12 inch, width 1.5 cm. It has
also been submitted that the postmortem report also goes to
show that save and except the ligature mark, there was no
visible injury on the person of the deceased. Petitioners are
having no criminal antecedent and they are languishing in
judicial custody since 22.10.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail. Learned counsel for the informant has
submitted that it is clear from the case diary that the deceased was
on talking terms with Kaushalya and the accused persons/
petitioners are none other than the family members of Kaushalya.
They were unhappy with this relationship that is why, they have
killed the deceased and that it is a case of honour killing.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
Patna High Court CR. MISC. No.91847 of 2025(4) dt.02-04-2026
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petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-VI, Nawada in connection with Kashichak P.S. Case No.
213 of 2024.
(Ashok Kumar Pandey, J)
lata/-
AFR/NAFR NAFR
CAV DATE 26.03.2026
Uploading Date 02.04.2026
Transmission Date 02.04.2026.
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