Patna High Court
Sunil Rai @ Sunil RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied as the petitioner is a principal assailant in a murder case.
Summary
Sunil Rai was arrested for alleged involvement in a violent assault on 21 November 2023 that resulted in the death of the victim. The prosecution alleges that Rai, along with others, attacked the victim with a knife and iron rod, causing severe injuries and later death due to septicemia and shock. The petitioner applied for bail, citing his custody since 27 August 2024. The court examined the seriousness of the offences, including murder under Section 302 of the Indian Penal Code, and noted that the petitioner was a principal assailant. Considering the gravity of the crime and the risk of tampering with evidence, the court rejected the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether bail can be granted to an accused who is alleged to have participated in a murder and other serious offences under the IPC.
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 324, 325, 341, 342, 379, 504
Subjects
- bail
- murder
- assault
- Indian Penal Code
- criminal procedure
- septicemia
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1459 of 2026
Arising Out of PS. Case No.-538 Year-2023 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Sunil Rai @ Sunil Ray S/O Raja Ray Resident of Village- Roshi, P.S.-
Bochahan, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State
2. The petitioner seeks bail in a case registered for
offence under Sections 341, 342, 323, 324, 325, 307, 379 and
504 of the Indian Penal Code and later on, Section 302 of the
Indian Penal Code was added.
3. As per prosecution case, it is alleged that on
21.11.2023 at about 4 PM, while informant was returning home
from Muzaffarpur, on the way, this petitioner, along with other
accused persons named in the F.I.R., surrounded him and started
abusing and on protest, all the accused persons, including this
petitioner, assaulted him with knife and iron rod causing internal
as well as external injuries and also snatched cash and mobile
phone. During course of treatment, informant succumbed to the
injuries.
Patna High Court CR. MISC. No.1459 of 2026(2) dt.13-02-2026
2/2
4. Petitioner appears to be one of the assailant of the
deceased. Post-mortem report reveals that deceased sustained
multiple injuries including fracture and cause of death is
septicemia and shock.
5. Considering the fact that petitioner is one of the
assailant of the deceased, the prayer for bail of petitioner is
rejected. However, since petitioner is in custody since
27.08.2024, the learned trial court is directed to expedite the
trial.
(Prabhat Kumar Singh, J)
anay
U T
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