Sunil Rai @ Sunil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35176 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== Sunil Rai @ Sunil Ray Son of Munnilal Ray @ Munni Lal Rai Resident of Village-Sukumarpur, P.S.-Raghopur, District-Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate.

For the Opposite Party/s :

Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 326, 354, 307, 302, 201 & 120B of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.35176 of 2020(2) dt.23-12-2020 2/3 Allegation is that the accused persons murdered Najir Rai, Chandrik Rai and Putul Rai. Petitioner along with one Rakesh Kumar has been named as conspirator.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. No specific overt act has been attributed against the petitioner. Several co-accused have been enlarged on bail by different co-ordinate bench of this Court. The petitioner has been languishing in custody since 26.06.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 the learned Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur in connection with Raghopur P.S. Case No.126 of 2019, subject to the following conditions :

(1) One of the bailors will be his own blood relative,

Patna High Court CR. MISC. No.35176 of 2020(2) dt.23-12-2020 3/3 preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) Trivedi/- U T