Jai Prasad Rai @ Jay Prasad Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39494 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== 1.
Jai Prasad Rai @ Jay Prasad Rai S/o Late Dasai Rai R/o VillageBhagwatiya, P.S.- Rajepur, District- East Champaran 2.
Kanti Devi W/o Jai Prasad Rai R/o Village- Bhagwatiya, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balgovind Sharma, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP For the Informant :
Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-01-2026
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners seek bail in a case registered for the offences punishable under Sections 103 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 17.09.2024, he went to the house of of his aunt (Bua) when she expressed her pain to the informant and thereafter when informant enquired the matter from the accused persons, they asked the informant not to interfere in their family affairs and also abused and assaulted the aunt of the informant,
Patna High Court CR. MISC. No.39494 of 2025(7) dt.30-01-2026 2/3 further on 18.09.2024 at about 06:00 AM, the informant came to know that in the night of 17.09.2024, all the accused persons committed murder of his aunt, accordingly, he went to the place of occurrence and found the dead body of his aunt (Bua).
4. Learned counsel for the petitioners submits that Ranjay Rai had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 49820 of 2025 and the same came to be allowed by an order dated 05.12.2025. It is next submitted that Ranjay Rai is step son of the deceased while the present petitioner no. 1 is husband of the deceased and petitioner no. 2 is second wife of petitioner no. 1.
It is next submitted that while considering the case of Ranjay Rai, the postmortem and the viscera report was called for and from perusal of the postmortem report, it manifested that no external or internal injuries were found and the viscera report recorded that-no metalic, alkaloidal, glycosidal, pesticidal and volatile poison could be detected in the contents of plastic jar and plastic dibba marked (01), (02), (03), (04), (05), (06), (07), (08), (09), (10), (11), (12) and (13), i.e. no poisonous substance was found, as such, Ranjay Rai was granted the privilege of anticipatory bail.
Patna High Court CR. MISC. No.39494 of 2025(7) dt.30-01-2026 3/3 case of Ranjay Rai and petitioners are in custody since 24.03.2025.
5. Learned A.P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the bail application of the petitioners, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that Ranjay Rai has been granted the privilege of anticipatory bail and in the postmortem and the viscera report, no external injury and poisonous substance was found.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Rajepur P.S. Case No. 199 of 2024.
7. Accordingly, the instant bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T