Ranjay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49820 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Ranjay Rai S/o Jay Persad Vill.- Bhagwatiya, P.S.- Rajepur, District- East Champaran Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balgovind Sharma, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 103 and 3(5) of the BNS, 2023.
3. In compliance of the order dated 07.11.2025, the viscera has been received in a sealed cover, the same was opened in the open Court and was handed over to the learned APP for the State, Mr. Chandra Bhushan Prasad.
4. The learned APP, after going through the viscera report, submits that the same records 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).
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5. Learned counsel for the petitioner submits that petitioner had earlier moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 8109 of 2025 and the same was permitted to be withdrawn by an order dated 06.03.2025 with liberty to file afresh.
6. It is next submitted that petitioner is a person with clean antecedent and the informant alleges that on 17.09.2024 he went to the house 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, 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).
7. Learned counsel for the petitioner submits that petitioner is the step son of the deceased. It is next submitted that the postmortem report records that no external or internal injuries were found and the viscera was preserved. It is further submitted that from perusal of the viscera report as recorded hereinabove, it would manifest that no poisonous substance was
3/4 found. It is also submitted that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
9. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 subject to the conditions as laid down under Section 482 (2) of BNSS.
10. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
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11. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
12. The viscera report is returned by the learned APP for the State, Mr. Chandra Bhushan Prasad.
13. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T