Munna Rajbanshi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Allowed¶24

Munna Rajbanshi v. The State of Bihar

Patna HC13 Aug 2025CR. MISC./22849/2025

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous (bail) order dated 13-08-2025 by Justice Rajiv Roy granting bail to Munna Rajbanshi (petitioner; advocate Vijay Kumar Sinha) against The State of Bihar (APP Shailendra Kumar Singh) in Arwal P.S. Case No. 296 of 2024, FIR lodged 25.07.2024 by informant Darshan Yadav; offences under Sections 103(1), 621(2), 238, 3(5) Bhartiya Nayay Sanhita, 2023 and Sections 302, 120B, 201, 34 IPC; petitioner in custody since 26.07.2024, no criminal antecedent, absence of eye-witness urged; bail bond Rs. 10,000/- with two like sureties to CJM Arwal; conditions include trial-date attendance with automatic cancellation after two consecutive defaults, fortnightly police-station reporting for six months, and no witness tampering; order infructuous if criminal antecedent found.

What did the court decide?

Release of the petitioner on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 296 of 2024, subject to conditions: (i) one bailor to be a family member/relative providing official document of bona fides; (ii) appearance before the Trial Court on each date, with cancellation of bail bond by the Trial Court itself upon failure on two consecutive dates without plausible reason; (iii) appearance before the concerned police station every fortnight for six months to mark attendance; (iv) no inducement, promise, threat to witnesses or tampering with evidence, failing which the State may seek cancellation; (v) desistance from committing any criminal offence again, failing which the State may seek cancellation.

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 296 of 2024, subject to conditions: (i) one bailor to be a family member/relative providing official document of bona fides; (ii) appearance before the Trial Court on each date, with cancellation of bail bond by the Trial Court itself upon failure on two consecutive dates without plausible reason; (iii) appearance before the concerned police station every fortnight for six months to mark attendance; (iv) no inducement, promise, threat to witnesses or tampering with evidence, failing which the State may seek cancellation; (v) desistance from committing any criminal offence again, failing which the State may seek cancellation.

Issue for consideration

Whether the petitioner, in judicial custody in connection with Arwal P.S. Case No. 296 of 2024, should be released on bail. +1 more

Court's answer

On the facts placed on record, the Court was inclined to extend to the petitioner the privilege of bail with conditions, noting that he had no criminal antecedent.

Ratio / Principle

Petitioner to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 296 of 2024, subject to enumerated conditions.

Key takeaways

Bail condition: failure of the petitioner to appear before the Trial Court on two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.ratio¶29
Bail condition: the petitioner shall appear before the concerned police station every fortnight for the next six months to mark his attendance.ratio¶30
Bail condition: the petitioner shall in no way try to induce, promise or threaten the witnesses or tamper with the evidence.

Detailed headnote1 paragraphs

Bail granted (Patna High Court, CR. MISC. No. 22849 of 2025, order dated 13-08-2025, Rajiv Roy, J): Munna Rajbanshi, in judicial custody since 26.07.2024 in connection with Arwal P.S. Case No. 296 of 2024 (lodged 25.07.2024 by informant Darshan Yadav) for offences under Sections 103(1), 621(2), 238, 3(5) of the Bhartiya Nayay Sanhita, 2023 and Sections 302, 120B, 201, 34 of the IPC, was extended the privilege of bail on consideration of the period of custody and absence of criminal antecedent. Release ordered on a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, subject to conditions: one bailor to be a family member/relative furnishing official proof of bona fides; appearance on every trial date with cancellation of the bail bond by the Trial Court itself after two consecutive unexplained absences; fortnightly reporting at the concerned police station for six months; abstention from inducing, promising, threatening witnesses or tampering with evidence; and desistance from fresh offences. The order is to become infructuous if any criminal antecedent of the petitioner is found.