Shambhu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67762 of 2025 Arising Out of PS. Case No.-220 Year-2015 Thana- MOKAMAH District- Patna ====================================================== Shambhu Rai, Son of Late Swarath Rai @ Sogarath Roy, Resident of Village - Mekra Naughar, Police Station - Mokama, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Singh, Advocate For the Opposite Party/s :
Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 16.11.2015, at about 7:00-7:30 P.M., informant received information that her son has been shot dead and the dead body was lying outside the house of one Ravindra Rai. When she reached there with her daughter-in-law, she found that her son had sustained two gun shot injuries in his stomach. She expressed suspicion that this petitioner and 5 others named in the F.I.R. might have committed the occurrence due to previous enmity.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.67762 of 2025(3) dt.02-12-2025 2/2 informant is not an eye-witness to the occurrence. Petitioner has been made accused in this case on suspicion. During investigation no substantive evidence has come to suggest the implication of this petitioner in the crime. During investigation, none of the witness has claimed to have seen this petitioner committing the alleged offence. Petitioner is in custody since 26.06.2025.
5. Learned A.P.P. for the State vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances as well as period of custody, let the above named petitioner be released 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 Additional Chief Judicial Magistrate, Barh, District- Patna in connection with Mokama P.S. Case No. 220/2015.
(Prabhat Kumar Singh, J) P.K.P./- U