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Patna High Court

Sunil Rai @ Sunil RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.7865 of 2026(5) dt.01-05-2026
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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.
Patna High Court CR. MISC. No.7865 of 2026(5) dt.01-05-2026
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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:-
            Patna High Court CR. MISC. No.7865 of 2026(5) dt.01-05-2026
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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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