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Patna High Court

Sunil Rai @ Sunil RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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