Patna High Court
Munna RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioners.
Summary
The petitioners, Munna Ram and Golu Ram, were charged under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing a deceased person by pressing his neck with a gamcha. They have been in custody since 4 May 2025 and filed a second bail application after an earlier one was dismissed on 15 October 2025. The prosecution relied on a self‑incriminatory statement of petitioner No.1, which implicated both accused. The trial has commenced with two of six witnesses examined, indicating that the proceedings are underway. The court noted that the trial is progressing and, given the seriousness of the offence and the self‑incriminating evidence, declined to grant regular bail, allowing the petitioners to re‑apply if the trial is delayed.
Issues considered
- Whether the petitioners are entitled to regular bail under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 given the stage of trial and self‑incriminating statements.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
Subjects
- bail
- criminal procedure
- murder
- self‑incriminating statement
- trial progress
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30625 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Munna Ram S/o Mathura Ram Resident of village - Singhiya Hiban, Mai
Asthan Chowk, P.S-Banjariya, District- East Champaran.
2. Golu Ram S/o Ramesh Ram R/o Village - Chiknota, P.S- Sugauli, District -
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioners seeking bail
in connection with Banjariya P.S. Case No. 228 of 2025
registered for the offence under Sections 103(1) and 238 of the
Bharatiya Nyaya Sanhita, 2023.
3. Earlier the bail application of the petitioners was
rejected on 15.10.2025 in Cr. Misc. No. 50401 of 2025 which
reads as follows:-
Heard learned counsel for the petitioners
and learned APP for the State.
2. The petitioners seek bail in connection
with Banjariya P.S. Case No. 228 of 2025 registered for
the offence punishable under Sections 103(1) and 238 of
the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the
Patna High Court CR. MISC. No.30625 of 2026(2) dt.08-05-2026
2/2
petitioners and others are accused of killing the
deceased.
4. The petitioners are in custody since
04.05.2025.
5. In the self inculpatory statement of the
petitioner no. 1, it has come that the deceased was killed
by pressing his neck by a Gamcha and he has also taken
the name of petitioner no. 2.
6. Considering the above, this application is
dismissed with liberty to the petitioners to renew their
prayer for bail if the trial is delay by the prosecution.
4. In the trial out of six witnesses, two witnesses have
been examined.
5. Considering the fact that the trial has started and is
progressing, I am not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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