Patna High Court
Sunil Rai @ Sunil RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with monetary surety and specific conditions.
Summary
The petitioner, Sunil Rai, was arrested on 14 May 2023 in connection with a murder case (Jandaha P.S. Case No. 140 of 2023) involving offences under Sections 302, 201, 120(B) and 34 of the IPC. The prosecution alleged that Rai, along with his brother Subodh and daughter‑in‑law Baby Kumari, conspired to kill Sudhir Rai, the victim, by cutting his throat. The petitioner claimed innocence and highlighted that the trial had progressed minimally, with only one of ten charge‑sheet witnesses examined, and that co‑accused Subodh Rai had already been granted bail. The Additional Public Prosecutor opposed bail, citing the petitioner’s prior criminal antecedent, though a supplementary affidavit indicated the petitioner was on bail in another pending matter. Considering the prolonged custody, the slow pace of trial, and the bail already granted to a co‑accused, the court ordered bail for Sunil Rai subject to monetary surety and strict conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the charges under Sections 302, 201, 120(B) and 34 IPC.
- Whether the petitioner’s criminal antecedent warrants denial of bail.
- Whether the delay in trial proceedings and limited examination of witnesses justify granting bail.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC sections 302, 201, 120B, 34
- trial delay
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7865 of 2026
Arising Out of PS. Case No.-140 Year-2023 Thana- JANDAHA District- Vaishali
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Sunil Rai @ Sunil Ray Son of Ram Mahendra Rai @ Mahendra Ray R/o
Village/ Town- Fatehpur Pakri, P.S.- Mahua, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 01-05-2026 Heard Mr. Aniket Singh, learned counsel for the
petitioner and Ms. Renuka Ratnakar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.05.2023 in connection with Jandaha P.S. Case No. 140 of
2023 for the offences punishable under Sections 302, 201,
120(B) and 34 of the IPC.
3. That the prosecution case, in brief, is that one
Rajbanshi Devi on 09.05.2023 at 10.00 AM, her youngest son
namely Sudhir Rai along with her elder son Sunil Rai (petitioner)
and one Subodh Rai left home to the house of her daughter Indu
Devi. They all reached there at 11 Clock from there, at 2 'O'
Clock, they all went to village Bhadwas for negotiation of
marriage of her niece. It is further alleged that at 02.30 P.M., all
the three left village Bhadwas to return back on a motorcycle but
only her eldest son Sunil and Subodh returned home on the
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motorcycle, when they were asked about Sudhir, both of them
did not say anything. She tried to contact Sudhir over his mobile
but the mobile was switched off. It is further alleged that Baby
Kumari wife of Sunil (her son) used to threaten her in course of
quarrel that they would get Sudhir killed. Soon after the
marriage, Baby Kumari started living separately with her
husband and she (Informant) was residing with Sudhir and as
such they were annoyed. It is also alleged that on 10.05.2023, at
2 PM she knew about the death of her son (Sudhir) through the
mobile of the people. He was killed at Jagdishpur and the dead
body was kept at Sadar Hospital. They reached at the Hospital,
identified and thereafter, funeral was done. She believed that her
son Sunil Rai(petitioner), daughter-in-law Baby Kumari and
Subodh Rai have conspired and killed her son Sudhir Rai by
cutting his throat with sharp cut weapon and with the help of
other unknown persons who tried to conceal the dead body.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel for the petitioner further submits
that petitioner is in custody 14.05.2023 and the trial has not been
progressed. He further submits that the co-accused, namely,
Subodh Rai has been granted regular bail by this Court vide
order dated 19.03.2026 passed in Cr. Misc. No. 72088 of 2025.
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5. Vide order dated 10.04.2026, report was called for
with regard to the stage of the trial. The report dated 21.04.2026
of the learned trial court reveals that out of ten charge-sheet
witnesses, only one witness has been examined and case is
pending for the rest nine prosecution witnesses.
6. Learned counsel for the petitioner submits that in
view of the report of the learned trial court the trial will not be
concluded in the near future and the petitioner is in custody since
14.05.2023.
7. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
supplementary affidavit filed on behalf of the petitioner that he is
on bail in the pending matter.
8. Considering the aforesaid facts and circumstances,
period of custody as well as the report of the trial court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District &
Additional Sessions Judge-IV, Vaishali at Hajipur in connection
with Jandaha P.S. Case No. 140 of 2023, subject to the following
conditions:-
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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