Sanjay Rai @ Sanjay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12890 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- JALALPUR District- Saran ====================================================== Sanjay Rai @ Sanjay Ray S/o- Late Ramji Ray Resident Of Village- Ashok Nagar, Ps- Jalalpur, Dist- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Prakash Dwivedi, Advocate For the State :

Mr. Vinod Shanker Modi, APP For the Informant :

Mr. Nawal Kishore Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. 2.

The petitioner seeks bail in connection with Jalalpur P.S. Case No. 132 of 2024 instituted for the offence under Sections 302, 201 & 34 of the Indian Penal Code. 3.

The informant alleges that his son was murdered and his body was thrown into a pond on the night of 08-05-2024, following a prior death threat by petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-06-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.12890 of 2025(3) dt.14-05-2025 2/3 counsel that petitioner has been falsely implicated in the present case. There is delay of two days in lodging the FIR. Learned counsel for the petitioner submits that there are no witnesses to show any complicity of the petitioner to the alleged incident. In fact, there is no material to show that the petitioner was involved in any manner. It is next submitted that victim died due to injuries caused by sharp cutting weapon, however, the said weapon has yet not been recovered. It is submitted that petitioner has no mobile of his own, as such alleged telephonic conversation, as mentioned in the impugned order, does not have any relation with the commission of the said crime. Charge sheet in this case is submitted.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that cause of death mentioned in the postmortem report is hemorrhage and shock due to sustained injuries.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner except suspicion and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.12890 of 2025(3) dt.14-05-2025 3/3 8.

Let the petitioner 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 Court below/concerned Court in connection with Jalalpur P.S. Case No. 132 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T