Allowed

Sachin Ray @ Sachin Kumar v. The State of Bihar

Patna HC10 Dec 2024CR. MISC./45194/2024

Case brief

AI extract

What is this about?

Petitioner in custody over a murder FIR where the main allegation of firing was on another accused; he was alleged only to have exhorted the shooters. With no criminal antecedent and trial unconcluded, the court granted bail with conditions.

What did the court decide?

Release on bail: Rs. 10,000 bond with two like sureties, subject to conditions including family-member bailor, regular court attendance, and no witness tampering.

Sachin Ray @ Sachin Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45194 of 2024

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Arising Out of PS. Case No.-1104 Year-2023 Thana- SONEPUR District- Saran

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======================================================

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Sachin Ray @ Sachin Kumar S/o Late Parmeshwar Ray R/o VillageIsmailchak P.S.- sonepur, district-saran at chapra

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Avadhesh Kumar, Adv. For the Opposite Party/s : Mr. Akbar Ali, APP For the Informant : Mr. Rajesh Kumar Mishra, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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5 10-12-2024

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Heard Mr. Avadhesh Kumar, learned counsel for the

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petitioner, Mr. Rajesh Kumar Mishra, learned counsel for the informant and learned A.P.P. for the State.

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The petitioner is in custody in connection with Sonpur P.S. Case No. 1104 of 2023 for the offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code read with Section 27 of the Arms Act, lodged on 22.11.2023 by the informant, Harihar Shah.

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As per the prosecution story, the informant was working in his farmland, six persons came on the motorcycle and started abusing him. The allegation is that Shrawan Ray opened fire causing injury in the head of the informant’s son. Pappu Ray also opened fire. So far as this petitioner is

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Patna High Court CR. MISC. No.45194 of 2024(5) dt.10-12-2024 2/4

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concerned, allegation is that he was exhorting the accused to kill the informant’s son. The informant’s son Onam Kumar was shot in the head, subsequently, he was declared dead. This led to the F.I.R.

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Learned counsel for the petitioner submits that the petitioner has no criminal antecedent, is 21 years of age. The specific allegation is against Shrawan Ray of causing injury which proved fatal. Only allegation against him is of exhorting which is an exaggeration of the F.I.R. He has remained in custody since 04.01.2024.

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Learned A.P.P. opposes the prayer for bail.

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Learned counsel for the informant vehemently opposes the prayer for bail and submits that all of them assembled with common intention whereafter Shrawan Ray opened fire causing death. He submits that the allegation against the petitioner is of exhorting the other accused persons.

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The Trial Court report says that presently, the trial is at the stage of appearance of the accused persons.

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Considering the submissions put forward by the parties, as also the fact that the main allegation is against Shrawan Ray, as he is the person who shot in the head of the informant’s son causing his death, the allegation of exhorting is

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Patna High Court CR. MISC. No.45194 of 2024(5) dt.10-12-2024 3/4

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on this petitioner, he has remained in custody for almost a year having no criminal antecedent and there is no likelihood of conclusion of trial in near future, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand only) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Chapra at Saran/concerned Court, in connection with Sonpur P.S. Case No. 1104 of 2023, subject to the following conditions:

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(i) one of the bailors should be the family member/relative of the petitioner, who shall provide official document to show his bona fide ;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

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(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner shall desist from committing any

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Patna High Court CR. MISC. No.45194 of 2024(5) dt.10-12-2024 4/4

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criminal offence again, failing which the State shall be at liberty

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to take steps for cancellation of their bail bonds.

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(Rajiv Roy, J)

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sadique/-

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U T

Sachin Ray @ Sachin Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sachin Ray @ Sachin Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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