Arvind Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80888 of 2024 Arising Out of PS. Case No.-503 Year-2020 Thana- SONEPUR District- Saran ====================================================== Arvind Rai Son of Late Sukeshwar Rai R/o Vill.- Nazarmira Semar Tar, P.S.- Sonepur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP For the Informant :
Mr. Aman Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with S.T. No. 447 of 2023 arising out of Sonepur (Sonpur) P.S. Case No. 503 of 2020 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and section 27 of the Arms Act lodged on 28.06.2020 by the informant, Sunil Kumar Rai.
3. As per the prosecution story, the informant alleged that during playing of the game Ludo, quarrel took. The matter was aggravated and the petitioner took extreme steps of firing on the chest of the informant. He has subsequently taken to Patna Medical College and Hospital and the FIR was lodged.
Patna High Court CR. MISC. No.80888 of 2024(4) dt.16-05-2025 2/3
4. Learned counsel for the petitioner submits that he has already suffered by being in custody since 24.02.2023, has no criminal antecedent, the trial is not likely to be concluded, he shall diligently appear before the Trial Court and failure to do so, the bail bond be cancelled.
5. Learned APP though opposes the prayer concedes that the trial is not going to be concluded in near future.
6. Considering the aforesaid submissions of the parties as also that earlier the bail petition was rejected directing the Trial Court to conclude the trial, the same still has not been concluded, the petitioner has undertaken to diligently appear in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-IV, Saran at Chapra, in connection with S.T. No. 447 of 2023 arising out of Sonepur (Sonpur) P.S. Case No. 503 of 2020 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
Patna High Court CR. MISC. No.80888 of 2024(4) dt.16-05-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month till conclusion of the trial to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T