Patna High Court
RAJAN RAJWANSIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SOURENDRA PANDEY
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
- Indian Penal Code — s. 201, 304B
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
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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
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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
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