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Patna High CourtCR. MISC./6578/2026bail granted

Kishori Ram v. The State Of Bihar

2026-02-04Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6578 of 2026 Arising Out of PS. Case No.-85 Year-2025 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

Kishori Ram Son of Ganaur Ram Resident of village-Mahthaur Kataiya, P.SBasopatti, District-Madhubani 2.

Babloo Ram Son of Kishori Ram Resident of village-Mahthaur Kataiya, P.SBasopatti, District-Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Kumar Singh, Advocate Mrs. Archna Aanand, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

02. In the present case, the petitioners seek bail in connection with Saharghat P.S. Case No. 85 of 2025 registered for the alleged offences under Sections 103(1) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, the brother-in-law of the informant was married with the daughter of petitioner no. 1 and there is allegation that the petitioners came to the house of the informant and hanged the brother-in-law of the informant by a saree. The occurrence took place in the background of the deceased not meeting the demand of the petitioners and his

2/4 wife.

04. Learned counsel for the petitioners submits that the petitioners are father and son and they are innocent and have been falsely implicated in this case. No occurrence in the manner as alleged has ever taken place and the prosecution story is fabricated. The allegation against the petitioners is that they came to house of the informant and petitioner no. 2 entered into house and hanged the brother-in-law of the informant but the same is not believable since it was not possible for a single person to hang the brother-in-law of the informant by himself as the deceased was a 21 years old person. Learned counsel further submits that it is also not believable that the petitioners who were the father and brother of a girl would kill her husband.

The true fact of the case is that the deceased committed suicide as he was under depression and when the petitioners went to make inquiry, they were falsely implicated in this case. The occurrence is stated to have taken place on 28.06.2025 and postmortem was also conducted at 02:30 PM on the same day. Prior to that, inquest report was also prepared but FIR was lodged on 29.06.2025 and it is not believable that after killing the brother-in-law of the informant, petitioners stayed there for 24 hours to be handed over to the police.

3/4 further submits that the petitioners have got no criminal history and they are in custody since 29.06.2025. Charge-sheet has been submitted. The petitioners undertake to co-operate in the trial.

05. Learned APP for the State vehemently opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner no. 2 that he strangled the brother-in-law of the informant and hanged him with the help of saree.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation and also considering the period of custody of the petitioners along with submission of chargesheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned court at Madhubani in connection with Saharghat P.S. Case No. 85 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 petitioners.

(ii) The petitioners will remain present on each

4/4 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 petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T