Created by Fuzzy Cloud

Patna High Court

RAJAN RAJWANSIversusTHE STATE OF BIHAR

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

Rajan Rajwansi was charged under Sections 304B and 201 of the Indian Penal Code for the alleged murder of his sister‑in‑law, Tetri Devi, in 2008. He applied for bail, claiming he was a labourer in Rajasthan, unaware of the case, and that the other co‑accused had been acquitted in 2024. The State opposed, highlighting that Rajwansi had absconded for over 17 years and that two earlier anticipatory bail applications had been rejected. The court noted the petitioner’s failure to surrender despite prior bail pleas and his prolonged absence. Consequently, the court declined to grant bail, rejecting the application.

Issues considered

  • Whether bail should be granted to an accused who has absconded for more than 17 years and previously had anticipatory bail applications rejected
  • Whether the acquittal of co‑accused affects the bail eligibility of the remaining accused

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Section 304B
  • Section 201
  • absconding
  • acquittal
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42326 of 2025
                     Arising Out of PS. Case No.-66 Year-2008 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Rajan Rajwansi S/O Ramkaran Rawani @ Ramkaran Rajwanshi Resident Of
                 Village- Jalpura, P.S.- Haspura, Dist.- Aurangabad- 824120

                                                                                  ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arya Achint, Adv.
                 For the Opposite Party/s :       Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

9   06-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Haspura P.S. Case No. 66 of 2008 dated 18.05.2008 registered

                   for the offences punishable under Sections 304(B) and 201 of

                   the Indian Penal Code.

                                3.    As per the prosecution case, the informant’s

                   daughter namely, Tetri Devi was married to Amrendra Ranwansi

                   in the year 2002. It is further alleged that the daughter of the

                   informant was murdered by her in-laws and cremated the dead

                   body. It is further alleged that the said occurrence had taken

                   place on 17.05.2008.

                                4. Learned counsel for the petitioner submits that the

                   petitioner work as labourer in Rajasthan and he was not aware
Patna High Court CR. MISC. No.42326 of 2025(9) dt.06-01-2026
                                            2/3




          of the case lodged against him in the year 2008 and hence he

          could not surrender before the learned trial court. It has further

          been submitted that the other co-accused persons were tried and

          they have been acquitted from the learned court below by the

          judgment and order dated 19.11.2024. It has further been

          submitted that the petitioner happens to be the brother-in-law of

          the deceased and had no connection with the said offence. It has

          lastly been submitted that the petitioner has clean antecedent

          and he is in custody since 19.02.2025.

                       5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner and has pointed out that the petitioner

          had absconded for more than 17 years of the incident and he had

          earlier moved this Court for grant of anticipatory bail twice but

          both the bail applications were rejected by this Hon’ble Court

          vide order dated 15.03.2010 and 06.08.2012 respectively.

          Learned A.P.P. has further submitted that on account of trial of

          the other accused persons also got delay and ultimately the other

          accused persons were acquitted on 19.11.2024 and since the

          petitioner has absconded and hence, he does not deserve the

          privilege of bail.

                       6. Considering the aforesaid facts and circumstances of

          the case and taken into account of the fact that despite move this

          court earlier twice for seeking of anticipatory bail but the
           Patna High Court CR. MISC. No.42326 of 2025(9) dt.06-01-2026
                                                       3/3




                     petitioner did not prefer to surrender and also absconded for more

                     than 17 years, I am not inclined to enlarge the petitioner on bail.

                                  7. Accordingly, the application stands rejected.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.