Patna High Court
Murari Rai @ Krishan Murari SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court refused to grant regular bail to the petitioner.
Summary
Murari Rai was charged under IPC sections 302, 120B and 34 and Arms Act section 27 for alleged involvement in a murder. He applied for regular bail, claiming innocence and that he was not absconding, citing his custody in another case as a reason for non‑appearance elsewhere. The informant argued that Rai had failed to appear in other pending matters. The court noted that the petitioner was implicated in the murder of the informant's father, allegedly to prevent testimony, and therefore found the seriousness of the allegations warranted denial of bail. Consequently, the bail petition was refused.
Issues considered
- Whether regular bail should be granted to an accused charged with murder, criminal conspiracy and an offence under the Arms Act.
- Whether the accused's alleged non‑appearance in other cases and alleged involvement in the murder of a witness affect the bail decision.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- regular bail
- high court
- witness tampering
- non‑absconding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76005 of 2025
Arising Out of PS. Case No.-274 Year-2024 Thana- MANER District- Patna
======================================================
Murari Rai @ Krishan Murari Singh S/o Late Chinta Rai Resident of Village-
Brahamchari Pokhara, P.S.- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
For the Informant : Mr. Suraj Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
6 08-05-2026 Heard Learned Counsel for the petitioner, learned
Counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks regular bail in connection with
Maner P.S. Case No. 274 of 2024, lodged on 29.04.2024, under
Sections 302/120B/34 of the Indian Penal Code and under Section
27 of the Arms Act, 1959.
3. Earlier prayer for bail of the petitioner was rejected
by this Court vide order dated 01.10.2024 passed in Cr. Misc. No.
68443 of 2024.
4. Learned Counsel for the petitioner submits that the
the petitioner is innocent and has committed no offence. Counsel
for the petitioner submits that the petitioner is in custody since
02.05.2024. He submits that affidavit has been directed to be filed
Patna High Court CR. MISC. No.76005 of 2025(6) dt.08-05-2026
2/2
showing that petitioner is not absconding in any other case. He
submits that in one case he has filed certificate stating that file is
not available, due to which he could not obtain copy but in other
cases he submits that from the order sheet it is clear that he is not
absconding.
5. Counsel for the informant submits that from the
supplementary counter-affidavit and the order attached, it
transpires that petitioner has not shown his appearance in those
cases in this regard.
6. In response thereof Counsel for the petitioner submits
that he was in custody in one case, therefore, his appearance could
not be made in any other case. As such, he deserves bail.
7. Considering the fact that the petitioner was involved
in commission of murder of the father of the informant with
allegation that the father of the informant was witness in another
case and to stop him from adducing evidence they have killed the
father of the informant, this Court is not inclined to grant bail to
the petitioner. Hence, the prayer for bail of the petitioner is hereby
refused.
(Dr. Anshuman, J)
Mkr./-
U T
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