Gonaur Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21713 of 2025 Arising Out of PS. Case No.-280 Year-2024 Thana- SARAI District- Vaishali ====================================================== Gonaur Rai S/o- Jawahar Rai Resident Of Village-Mansurpur, Ps- Sarai, DistVaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Mr. Rita Verma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sarai P.S. Case No. 280 of 2024 registered for the offences punishable under Sections 303(2), 316, 318, 317, 338, 336 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per prosecution case, truck of the informant was taken away. Subsequently, co-accused Nagendra Singh, was apprehended as a driver of the said truck and he disclosed the name of petitioner and other who were also involved in the alleged occurrence.
4. Learned counsel for the petitioner submits that petitioner is in custody since 19.12.2024 and he bears no criminal antecedent. Petitioner is quite innocent and has
Patna High Court CR. MISC. No.21713 of 2025(2) dt.23-04-2025 2/3 committed no offence as alleged in the FIR. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that except disclosure of co-accused, there is nothing on record to connect the petitioner with the alleged occurrence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Vaishali at Hajipur in connection with Sarai P.S. Case No. 280 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
Patna High Court CR. MISC. No.21713 of 2025(2) dt.23-04-2025 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) vashudha/- U T