Sushil Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36917 of 2025 Arising Out of PS. Case No.-490 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sushil Ray Son of Late Kamal Rai @ Kamal Ray R/o - Loknathpur Belbanna, Ward No.- 24, P.O. and P.S.- Dalsingsarai, District - Samastipur, State - Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr.Adv.
Mr. Abhigyan Kumar, Adv.
For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 147, 148, 149, 448, 341, 323, 324, 307, 302, 379 & 354 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
3. As per F.I.R., this petitioner alongwith other coaccused persons made indiscriminate firing on the house of informant, as a result of which, son of informant died on spot, whereas one Krishnamurti Rai sustained fire-arm injuries. Accused persons also assaulted female members of the house and looted gold & silver ornaments and cash of Rs.50,000/- from the house.
Patna High Court CR. MISC. No.36917 of 2025(3) dt.31-10-2025 2/2
4. Learned counsel appearing for the petitioner submits that there is general and omnibus allegation of firing against all the accused persons including petitioner. In this case, charge has been framed on 13.11.2024, but till date no witness has been examined on behalf of prosecution. Petitioner has got clean antecedent and is in custody since 29.02.2024.
5. Learned A.P.P. for the State oppose the prayer for bail.
6. Considering the period of custody and the fact that after framing of charge, not a single witness has been examined on behalf of prosecution, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, Dalsingsarai, Samastipur in connection with Dalsingsarai P.S. Case No. 490 of 2023, corresponding to S.T. No. 463 of 2024. (Prabhat Kumar Singh, J) anay U T