Shambhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63322 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- TURKI KHARARU DistrictMuzaffarpur ====================================================== 1.
Shambhu Rai S/o Late Ramvriksh Rai R/o Village- Chhajan, Nath Nagar, PS- Turki, District- Muzaffarpur 2.
Krishnandan Rai S/o Late Ramvriksh Rai R/o Village- Chhajan, Nath Nagar, PS- Turki, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-02-2026 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.
2. The petitioners apprehend their arrest in connection with Turki P.S. Case No. 179 of 2024 instituted for the offences under Sections 103(1), 238, 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that accused persons including the petitioners have committed the murder of the informant's brother.
4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.63322 of 2025(3) dt.09-02-2026 2/3 omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Learned counsel further submitted that except suspicion, there is no material against the petitioners. He further submitted that police, after investigation submitted charge-sheet under Sections 108, 238, 61(2) of the BNS. Learned counsel further submitted that, as a matter of fact, the deceased himself committed suicide. It is further submitted that petitioners never instigated the deceased to commit suicide nor there is any suicide note to substantiate the claim. It is further submitted that as per post-mortem report, deceased died due to asphyxia as a result of hanging. It has been submitted on behalf of the petitioner that the petitioners have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turki P.S.
Patna High Court CR. MISC. No.63322 of 2025(3) dt.09-02-2026 3/3 Case No. 179 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) manish/- U T