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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3367 of 2026

Arising Out of PS. Case No.-249 Year-2025 Thana- MOTIHARI MUFASIL District- East

Champaran

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Ramayodhya Prasad S/o Late Janak Mahto R/o Village - Bela Nirpur, P.S -

Chiraiya, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Prateek Tandon, Advocate

For the State : Mr.Anish Chandra, APP

For the Informant : Mr. Dhandev Kumar, Advocate

Mr. Dhananjay Kumar Gupta, Advocate

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned

APP for the State as well as learned counsel appearing on behalf

of the informant.

02. In the present case, the petitioner seeks bail in

connection with Muffasil P.S. Case No. 249 of 2025 registered

for the alleged offences under Sections 103(1), 61(2) of BNS.

03. As per prosecution case, the son of the informant

was called out by co-accused Deep Raj and later on, a call was

received on the mobile of a relative of the informant from co-

accused Deep Raj, who told him about accident of his son.

When the informant reached the hospital, he found his son dead.

The informant showed suspicion that his son was killed under a

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conspiracy by the petitioner and other co-accused persons.

04. Learned counsel for the petitioner submits that the

petitioner has been falsely implicated in this case and he is

completely innocent. Except for suspicion as it appears from the

FIR, there is no material against the petitioner. No witness has

said about the involvement of the petitioner in the murder of the

son of the informant. In fact, none of the witnesses have seen

the petitioner taking away the son of the informant. Learned

counsel further submits that rather the witnesses stated about the

petitioner's son and the son of the informant meting an accident

and subsequently, the son of the informant succumbed to his

injuries. Learned counsel further submits that if the allegations

are taken on its face value, the petitioner was not last seen with

the deceased as it can be said only against the son of the

petitioner. The postmortem report shows the son of the

informant has received a number of injuries which is possible

only under an accident. The petitioner has no criminal

antecedent and he is in custody since 22.10.2025. Charge sheet

has been submitted.

05. Learned APP as well as learned counsel appearing

on behalf of the informant vehemently oppose the submission

made on behalf of the petitioner. Learned counsel for the

Patna High Court CR. MISC. No.3367 of 2026(2) dt.28-01-2026

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informant submits that the petitioner and co-accused son of the

petitioner under a conspiracy caused the death of the son of the

informant.

06. Having regard to the facts and circumstances and

submissions made on behalf of the parties and considering the

doubtful nature of allegation against the petitioner and also

considering the period of custody of the petitioner, his clean

antecedent and 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 Chief Judicial

Magistrate, Motihari, East Champaran/concerned Court in

connection with Muffasil P.S. Case No. 249 of 2025, subject to

the conditions mentioned in Section 480(3) of B.N.S.S. and also

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

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terms of the bail, t