Shyam Babu Ray @ Bhola Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89997 of 2025 Arising Out of PS. Case No.-144 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Shyam Babu Ray @ Bhola Ray, S/O Kamal Kishor Ray @ Kishori Ray, R/O Village- Barmjiwar Chakki, P.S- Rampur Hari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Rampur Hari P.S. Case No. 144 of 2025, registered for the alleged offence under Sections 103(1), 3(5) of BNS, 2023.

3. As per prosecution case, the petitioner and other coaccused persons killed the sister of the informant, who was the sister-in-law of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is married with the sister of the husband of the deceased and has been staying in his village. But the informant has wrongly alleged that the petitioner was staying in

Patna High Court CR. MISC. No.89997 of 2025(3) dt.20-02-2026 2/3 his matrimonial home. It is not believable that without any rhyme and reason, the petitioner indulged in the act of killing of the sister of the informant. In fact, the petitioner was not present at the place of occurrence as he is bus driver and has been plying the bus even on the date and time of the occurrence. The deceased has three children and aged about 16 years, 13 years and 11 years, respectively and the informant and the eldest son of the deceased have filed an affidavit before the learned trial court stating that there was no involvement of the accused persons in the death of the sister of the informant as alleged in the FIR. The petitioner is in custody since 11.09.2025 and is having antecedent of one case and he is on bail in that case. The charge sheet has been submitted.

5. Learned APP for the State opposes the submission made on behalf of the petitioner. The learned APP submits that in the post mortem report, the cause of death has been stated to be ligature strangulation.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is stated to be the brother-in-law of the deceased (nandosi) and further considering the lack of substantive material against the petitioner and also considering

Patna High Court CR. MISC. No.89997 of 2025(3) dt.20-02-2026 3/3 the period of custody of the petitioner along with submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class (East), Muzaffarpur/court concerned in connection with Rampur Hari P.S. Case No. 144 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 petitioner.

(ii) The petitioner will remain present on each 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 petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T