Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3628 of 2023 Arising Out of PS. Case No.-201 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== SANJAY RAI S/O LATE RAM KRIPAL RAI Resident of village Saifpur, P.S Ganga Bridge, District Vaishali In the F.I.R father039s name is wrongly mentioned as Kuldeep Rai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Kumar Maharaj For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Ganga Bridge P.S. Case No. 201 of 2019, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per allegation, eight named accused persons came to the house of the informant and they asked whereabout of her husband (Sanjay Rai). Her devar (brother-in-law) namely Ravi Kumar (deceased) asked the accused persons as to why they were searching Sanjay Rai. Then, co-accused Amod Rai, Manoj Rai, Mithlesh Rai and Jitendra Rai fired shots on them, resulting into his death.

The learned counsel for the petitioner has submitted that the petitioner is not the assailant. The names of the

Patna High Court CR. MISC. No.3628 of 2023(2) dt.04-05-2023 2/2 assailants have been mentioned in the FIR itself. He has submitted further that on similar footing, co-accused persons have been granted bail by the co-ordinate Benches of this Court. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-Ist, Hajipur, Vaishali in connection with Ganga Bridge P.S. Case No. 201 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T