Patna High Court
Rajendra Prasad TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted subject to conditions.
Summary
The petitioner, Rajendra Prasad Tanti, was arrested in connection with a case registered on 17‑04‑2023 under multiple serious offences including murder (IPC §§ 147,148,149,341,323,324,307,120(b),302,504,506). He had previously filed two bail applications, one withdrawn and another rejected. The prosecution had examined only seven of twenty‑seven witnesses, all of whom supported the prosecution, while the petitioner alleged false implication and the non‑appearance of official witnesses. The petitioner had been in custody since April 2023 and pledged to cooperate with the trial. The High Court, after considering the lack of further witness examination and the petitioner’s willingness to cooperate, allowed the regular bail application, directing release on a bond of Rs 10,000 with two sureties and imposing conditions of appearance in court. Non‑compliance would lead to cancellation of bail.
Issues considered
- Whether regular bail can be granted in a case involving serious offences including murder when the trial is pending
- Whether the petitioner’s claim of false implication and the limited examination of witnesses justify granting bail
- What conditions, if any, should be imposed on bail in such circumstances
Legislation cited
- Indian Penal Code — s. 120(b), 147, 148, 149, 302, 307, 323, 324, 341, 504, 506
Subjects
- regular bail
- Indian Penal Code
- murder
- witness examination
- false implication
- bail conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71219 of 2025
Arising Out of PS. Case No.-228 Year-2023 Thana- DAUDNAGAR District- Aurangabad
======================================================
Rajendra Prasad Tanti S/o Late Ram Chandra Prasad R/o Mohalla- Baluganj,
Purani Shahr, Ward No. 3, Daudnagar, P.S.- Daudnagar, Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamlendra Prasad Singh, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the third attempt of the petitioner for grant
of regular bail in connection Daudnagar P.S. Case No. 228 of
2023 registered for the offence under Sections 147, 148, 149,
341, 323, 324, 307, 120(b), 302, 504 and 506 of Indian Penal
Code. Earlier the petitioner had withdrawn his prayer for bail
vide order dated 29.02.2024 in Cr. Misc. No. 78886/2023 and
his prayer was rejected vide order dated 07.02.2025 in Cr. Misc.
No. 61805/2024.
3. As per the prosecution case, the petitioner is the
assailant of the deceased.
4. In the trial, out of twenty seven witnesses, seven
witnesses have already been examined and they have supported
the prosecution case.
Patna High Court CR. MISC. No.71219 of 2025(3) dt.11-02-2026
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5. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel further submits that after the bail application
was dismissed on 07.02.2025 for the last one year, no witness
has been examined by the prosecution. Learned counsel next
submits that though most of the witnesses have been examined,
the official witnesses are not appearing which is apparent from
the report submitted by the court below. Petitioner is in jail since
17.04.2023. The petitioner undertakes to co-operate in the case/
trial.
6. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
7. Considering the aforesaid facts, this application for
regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-III,
Aurangabad/concerned Court below in connection with
Daudnagar P.S. Case No. 228/2023 subject to the following
conditions:-
(i) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
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personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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