Sunil Kumar @ Sunil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81347 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Sunil Kumar @ Sunil Rai Son of Late Vijay Rai R/o vill - Sheohar, P.S. - Sheohar, Distt. - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar @ S.K., Advocate For the State :
Mr. Shailendra Kumar Singh, APP For the Informant : Mr. Arbind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Sheohar P.S. Case No.220 of 2023 registered under Sections 341, 323, 427, 302, 504/34 of the I.P.C.
3. As per prosecution case, it is alleged that the petitioner along with other accused persons, on the issue of drainage of water, assaulted the informant, his mother and his wife with fists, kicks, lathi and bamboo stick due to which informant's mother fell down and became unconscious and thereafter she was brought to the hospital where the doctor
Patna High Court CR. MISC. No.81347 of 2023(3) dt.06-02-2024 2/3 declared her dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against all named accused persons. The postmortem report shows that no external injury or internal injury was found on the body of the deceased though the cause of death was kept reserved till receipt of Forensic Lab Test/Viscera Report. It is further submitted that the informant's mother died due to her old age. The charge sheet has already been submitted and there is no chance of absconding or tampering with the evidence by the petitioner. Other similarly co-accused persons, namely, Raja Kumar, Kailash Ray and Ajay Ray have already been granted anticipatory bail by a coordinate bench of this Court vide order dated 24.01.2024 passed in Cr.Misc.No.85890 of 2023. The petitioner has no criminal antecedent and is in custody since 05.09.2023.
5. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case, submissions of the parties and the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties
Patna High Court CR. MISC. No.81347 of 2023(3) dt.06-02-2024 3/3 of the like amount each to the satisfaction of learned C.J.M., Sheohar in connection with Sheohar P.S. Case No.220 of 2023. (Sunil Dutta Mishra, J) Harish/- U T