Sonu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15229 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== SONU RAI, aged about 22 years, gender- Male, Son of Sri Ganesh Ray Resident of Village - Rariyahi, P.S.- Tajpur (Halai O.P.), Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Adv.

For the Opposite Party/s :

Mr.Anish Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 307, 323, 324, 326, 341, 504/34 of the Indian Penal code and Section 27 of the Arms Act and subsequently Section 302 of the Indian Penal Code was also added.

The prosecution case as per the written report of the Chinta Sahani submitted to SHO, Tazpur (Halai O.P.) is to the effect that on 06.04.2018 at 3:00 A.M., the son of the informant Vakil Sahani was taken by petitioner and co-accused Bhikhari Rai, Sonu Rai along with 4-5 persons in the car of the Bhikhari Rai. On the same day at about 10:00 A.M., the informant came to know that her son has been shot dead and his

Patna High Court CR. MISC. No.15229 of 2019(2) dt.01-04-2019 2/3 dead body has been thrown underneath the 13 no. bridge, which has been recovered by the police.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Similarly placed co-accused Bhikahari Ray has been granted bail by co-ordinate bench of this court vide order dated 25.01.2019 passed in Cr. Misc. No. 73674 of 2018. Petitioner has no criminal antecedent and is in custody since 24.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S.T. No. 7 of 2019/362 of 2018 arising out of Tajpur (Halai O.P.) P.S. Case No. 99 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the

Patna High Court CR. MISC. No.15229 of 2019(2) dt.01-04-2019 3/3 court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T