Patna High Court
Md. Munsab Baitha @ MunsabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to strict conditions.
Summary
The petitioner, Md. Munsab Baitha, was in custody since 30‑08‑2025 for alleged offences under Sections 108 and 3(5) of the Bharatiya Nyay Sanhita, 2023, stemming from an alleged assault and intimidation that led to the victim's suicide. The prosecution argued that the petitioner participated in the assault and intimidation, while the defence contended that the allegations were fabricated, the deceased had committed suicide of his own volition, and the petitioner had a clean antecedent. The court examined the material evidence, including a seized diary and forensic report indicating self‑inflicted death, and noted the lack of any prior criminal record. After hearing both sides, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner violates any condition.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Sections 108 and 3(5) of the Bharatiya Nyay Sanhita, 2023.
- Whether the allegations of assault and intimidation leading to suicide are substantiated enough to deny bail.
- Whether the presence of a diary and forensic report indicating self‑inflicted suicide affect the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 108, 3(5)
Subjects
- bail
- suicide
- assault
- false allegations
- criminal antecedent
- Bharatiya Nyay Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6680 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- RUPAULI District- Purnia
======================================================
Md. Munsab Baitha @ Munsab S/o- Late Alim Baitha R/v- Chapahari W.No-
5, Ps- Rupauli Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr. Kumar Rajdeep, learned counsel for the
petitioner as well as Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.08.2025 in connection with Rupauli P.S. Case No. 135 of
2025, F.I.R. dated 14.07.2025 for the offences punishable under
Sections 108, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused persons
assaulted his son, namely, Sajib Baitha on 06.06.2025 and after
that used to threatened him due to which his son committed
suicide.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.6680 of 2026(2) dt.30-01-2026
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implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offences as alleged in the
F.I.R. It has come during investigation that one blue colour diary
was seized during investigation which suggest that deceased had
committed suicide himself and apart from that FSL report also
suggest that deceased had committed suicide himself. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
30.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Purnea in connection with Rupauli P.S.
Case No. 135 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.6680 of 2026(2) dt.30-01-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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