Sonelal Rai @ Sonalal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66529 of 2022 Arising Out of PS. Case No.-378 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Sonelal Rai @ Sonalal Rai Son of Ramdev Rai Resident of Mainpura, Gate No.-45, P.S.- Patliputra, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Patliputra P.S. Case No.378 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 30.07.2021.

The allegation against the petitioner is to commit murder of the brother of informant alongwith other co-accused persons by making an assault with lathi and rod due to previous enmities arising out of money transactions.

Patna High Court CR. MISC. No.66529 of 2022(2) dt.22-02-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in this case and moreover nature of allegation as regard to assault is appearing very much general and omnibus against this petitioner. It is also submitted that similarly situated co-accused, namely, Jagarnath Rai @ Jay Nath Rai has already been granted bail by one the learned Co-ordinate Bench of this Court through Cr. Misc. No. 15193 of 2022 vide order dated 02.01.2023. It is also submitted that petitioner is involved in five more criminal cases of petty nature, where he is on bail. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the fact as the nature of allegation as regard to assault is appearing very much general and omnibus coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be released on bail in connection with Patliputra P.S. Case No.378 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.66529 of 2022(2) dt.22-02-2023 3/3 with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XXV, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T