Vidya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37014 of 2024 Arising Out of PS. Case No.-930 Year-2023 Thana- BIHTA District- Patna ====================================================== Vidya Rai, son of late Awadhesh Rai, resident of village- Kothwa, P.S.- Khagaul, Dist.- Patna ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. P.N. Shahi, Sr. Advocate Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2025 Heard learned Senior Counsel for the petitioner; learned APP for the State and learned counsel for the informant. 2.

The petitioner seeks regular bail in connection with Bihta P.S. Case No. 930 of 2023 registered for the offence punishable under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and under section 27 of the Arms Act.

3.

Seven persons are named in the FIR who have shot at and killed the deceased. Other co-accused persons had also accompanied the shooters. The petitioner is not named in the FIR. He is in jail since 29.11.2023.

4.

Learned counsel for the petitioner has submitted that similarly situated co-accused namely, Shubham @ Reyansh Kumar has been granted bail by this Court vide order dated 24.04.2024 passed in Criminal Miscellaneous No.28403 of 2024.

5.

Learned counsel for the informant has

Patna High Court CR. MISC. No.37014 of 2024(5) dt.10-01-2025 2/2 opposed the prayer for bail and has submitted that the petitioner has criminal antecedent.

6.

Considering the fact that the petitioner is not named in the FIR and the persons named in the F.I.R. are the assailants of the deceased as well as the fact that similarly situated co-accused has been granted bail by this Court, this application is allowed.

7.

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, V, Danapur, Patna in connection with Bihta P.S. Case No. 930 of 2023, subject to the condition that he will cooperate in the trial and will appear on each and every date fixed in the trial.

8.

The petitioner will also mark his attendance in Khagaul Police Station, District- Patna on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) pawan/- U T