IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37339 of 2024 Arising Out of PS. Case No.-1104 Year-2023 Thana- SONEPUR District- Saran ====================================================== Supan Ray @ Devendra Ray Son of Late Mohan Ray Resident of Vilage- Ismailchak, P.S. - Sonpur, District - Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radha Mohan Singh, Adv. Mr. Saket Anand, Adv. For the Opposite Party/s : Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 17-01-2025 Heard Mr. Radha Mohan Singh, learned counsel for the petitioner, Mr. Nalin Nilochan Tiwari, learned counsel for the informant and learned A.P.P. for the State. 2. 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. 3. 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 Patna High Court CR. MISC. No.37339 of 2024(5) dt.17-01-2025 2/4 concerned, allegation is that he abused the informant’s side. The informant's son Onam Kumar was shot in head, subsequently, he was declared dead. This led to the F.I.R. 4. Learned counsel for the petitioner submits that while main allegation is against Shrawan Ray, Pappu Ray was also firing, Sachin Ray was exhorting, so far as this petitioner is concerned, the only allegation is of abusing the informant’s side. He has got no criminal antecedent and has already remained in custody since 04.01.2024 (para-10 of the petition). The last submission is that Sachin Rai, who was exhorting the accused to open fire, has been granted relief in Cr. Misc. No. 45194 of 2024. 5. Let the same be kept on record. 6. Learned counsel for the informant, on the other hand, opposes the prayer submitting that a perusal of the FIR would show that how inhuman act has been committed only due to land dispute inasmuch as Shrawan Ray opened fire from close range which hit the head of the deceased causing his death. He submits that other accused persons have also participated in the crime, as such, their role cannot be ignored. 7. Having gone through the facts of the case and the submissions put forward by the parties, the allegation definitely Patna High Court CR. MISC. No.37339 of 2024(5) dt.17-01-2025 3/4 disturbs the Court inasmuch as as person who is alive is immediately killed that too in close range by pumping the bullet in the head. However, the same is attributed to Sharawn Rai, allegation against Pappu Rai is also of firing, only allegation against this petitioner is of having abused the informant’s side, he has remained in custody for one year and has no criminal antecedent, Sachin Rai, as mentioned above, has been extended relief, in that background, this Court is inclined to extend him the privilege of bail. 8. 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, 1st Class, Chapra at Saran/concerned Court, in connection with Sonpur P.S. Case No. 1104 of 2023, subject to the following conditions: (i) one of the bailors should be the family member/relative of the petitioner, who shall provide official document to show his bona fide, (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; Patna High Court CR. MISC. No.37339 of 2024(5) dt.17-01-2025 4/4 (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; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. perwez (Rajiv Roy, J) U T