Sunil Kumar Rai @ Sonu Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sunil Kumar Rai @ Sonu Rai Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on regular bail upon furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Buxar in connection with Rajpur P.S Case No. 318/2024.

Issue for consideration

Whether the petitioner, in custody in connection with Rajpur P.S. Case No. 318/2024 for offences under Sections 103(1), 238, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, should be released on regular bail. +1 more

Court's answer

Considering all aspects of the matter and the submissions made on behalf of the learned counsel for the petitioner, the petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Buxar in connection with Rajpur P.S. Case No. 318/2024.

Ratio / Principle

On perusal of the FIR, the impugned order dated 10.10.2024 and paragraph 37 of the case diary, the Court found that there was a bump near Binod Rai's house; the motorcycle suddenly climbed over it and started to wobble, in which the deceased fell down and sustained injuries which became fatal for his life.

Key takeaways

From the injury report, the deceased died due to haemorrhage and shock leading to cardio respiratory failure caused by hard and blunt object.ratio¶20

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 2438 of 2025 (oral order dated 09-04-2025, Ramesh Chand Malviya, J.) — Regular bail granted to Sunil Kumar Rai @ Sonu Rai, in judicial custody since 09.11.2024 in Rajpur P.S. Case No. 318/2024 (District Buxar) registered under Sections 103(1), 238, 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 for the alleged killing of the informant's father. Counsel for the petitioner contended false implication, that the petitioner was not named in the FIR and figured only during investigation, and that the deceased died in a motorcycle accident. On perusal of the FIR, the impugned order dated 10.10.2024 and paragraph 37 of the case diary, the Court found that the motorcycle climbed a bump near Binod Rai's house, wobbled, and the deceased fell, sustaining fatal injuries; the injury report recorded death due to haemorrhage and shock leading to cardio respiratory failure caused by a hard and blunt object. Bail ordered on a Rs. 10,000/- bond with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Buxar.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2438 of 2025

Arising Out of PS. Case No.-318 Year-2024 Thana- RAJPUR District- Buxar

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

Sunil Kumar Rai @ Sonu Rai S/o Munna Rai R/o Village- Sikraul, P.S.Rajpur, District- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Sharma, Adv For the Opposite Party/s : Mr.Narsingh Tanti, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 09-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Rajpur P.S Case No. 318/2024 dated 10.10.2024 registered for the offences punishable under Sections 103(1), 238, 61(2), 3(5) of Bhartiya Nyaya Sanhita, 2023

As per allegation in the FIR, it is alleged that petitioner along with other accused persons in connivance with each other has killed the informant’s father.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is not named in the FIR. Petitioner’s name has been figured in this case during the course of

Patna High Court CR. MISC. No.2438 of 2025(3) dt.09-04-2025 2/3

investigation. The investigation officer seized the bike of the petitioner from his home which was said to have been used to bring the deceased driven by Rinku Rai@ Brajesh Kumar at the darwaza of Guddu Rai. Moreover, deceased was met with an accident and received injury which became fatal to his life. Moreover, pillon rider also received injury. Thereafter, petitioner informed his family member of the petitioner who brought the damaged bike of the petitioner at home but failied to trace after the injured deceased whose dead body was lying on the flank of road and just of mere suspicion. It is also submitted that petitioner is in judicial custody since 09.11.2024 and possesses two antecedent.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, impugned order dated 10.10.2024 and from that in Paragraph 37 of the case diary, it appears that there was bump near the Binod Rai’s house and motorcycle suddenly climbed over it and started to wobble in which deceased fell down and sustained injuries which became fatal for his life. From injury report, it appears that deceased died due to haemorrhage and shock leading to cardio respiratory failure caused by hard and blunt object, considering all aspects

Patna High Court CR. MISC. No.2438 of 2025(3) dt.09-04-2025 3/3

of the matter submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1^st , Buxar in connection with Rajpur P.S Case No. 318/2024

(Ramesh Chand Malviya, J)

Sunnykr/-

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