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Patna High Court – Orders
Munna Rai @ Munna Kumar vs The State Of Bihar on 25 July, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1392 of 2024
Arising Out of PS. Case No.-84 Year-2020 Thana- MUSRIGHRARI District- Samastipur
======================================================
Munna Rai @ Munna Kumar Son of Ram Lakhan Rai R/O Vill.- Suapakar,
P.S.- Musarigharari, Dist.- Samastipur.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 1426 of 2024
Arising Out of PS. Case No.-84 Year-2020 Thana- MUSRIGHRARI District- Samastipur
======================================================
Ravi Rai @ Ravi Ray, S/o-Ram Vinod Rai, Resident of Village- Hasanpur
Jitwarpur PS- Muffasil District- Samastipur
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 1503 of 2024
Arising Out of PS. Case No.-84 Year-2020 Thana- MUSRIGHRARI District- Samastipur
======================================================
Pawan Rai @ Pawan Kumar, Son of Ram Chandra Ray @ Ram Chandra Rai,
Resident of Village- Banghara Tola Rupauli (Rupauli Banghara Tole), P.S.-
Musrigharari, Distt.- Samastipur
... ... Appellant
Versus
The State of Bihar
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 91 of 2025
Arising Out of PS. Case No.-84 Year-2020 Thana- MUSRIGHRARI District- Samastipur
======================================================
Shashi Ray @ Shashi Rai, S/o Baldev Rai, Resident of Village- Barbatta, Tola
Rupauli, Police Station- Musarigharari, District- Samastipur
... ... Appellant
Versus
1. The State of Bihar
2. Maheshwar Rai S/o Not Known R/O Vill.- Suapakar, P.S.- Musrigharari,
Dist.- Samastipur.
... ... Respondents
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 1392 of 2024)
Patna High Court CR. APP (DB) No.1392 of 2024(5) dt.25-07-2025
2/6
For the Appellant : Mr. Nilendu Kumar Choudhary, Advocate
For the State : Mr. Binod Bihari Singh, Addl PP
For the Informant : Mr. Viveka Nand Singh, Advocate
(In CRIMINAL APPEAL (DB) No. 1426 of 2024)
For the Appellant : Mr. Sheo Kumar Prasad, Advocate
For the State : Km. Shashi Bala Verma, Addl PP
For the Informant : Mr. Viveka Nand Singh, Advocate
(In CRIMINAL APPEAL (DB) No. 1503 of 2024)
For the Appellant : Mr. Sheo Kumar Prasad, Advocate
For the State : Km. Shashi Bala Verma, Addl PP
For the Informant : Mr. Viveka Nand Singh, Advocate
(In CRIMINAL APPEAL (DB) No. 91 of 2025)
For the Appellant : Mr. Nilendu Kumar Choudhary, Advocate
For the State : Mr. Binod Bihari Singh, Addl PP
For the Informant : Mr. Viveka Nand Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
5 25-07-2025
Criminal Appeal (DB) No. 1392 of 2024, Criminal
Appeal (DB) No. 1426 of 2024 and Criminal Appeal (DB)
No. 1503 of 2024
Heard learned counsel for the appellants, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Records of these cases have been placed before this
Court to consider the prayer of the appellants for suspension of
their sentences and release on bail during pendency of the
appeals.
3. The appellants have been convicted vide judgment
dated 12.09.2024 and sentenced vide order dated 25.09.2024 by
learned Additional District and Sessions Judge-IX, Samastipur
Patna High Court CR. APP (DB) No.1392 of 2024(5) dt.25-07-2025
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in Sessions Trial No. 164 of 2021, G.R. Case No. 1869 of 2020
arising out of Musrigharari P.S. Case No. 84 of 2020 for the
offences punishable under Sections 302 and 341/34 of the
Indian Penal Code (in short ‘IPC‘) and Section 27 of the Arms
Act. They have been ordered to undergo rigorous imprisonment
for life under Section 302/34 IPC and to pay a fine of
Rs.25,000/- each and in default of payment of fine, they have to
further undergo rigorous imprisonment for one year. For the
sake of brevity, the sentences awarded under other sections are
not mentioned.
4. The prosecution story is based on a written
information furnished by the father of the deceased. According
to him, these appellants were earlier involved in stopping the
road construction work and demand of rangdari. Munna Rai
who is one of the appellants was involved in sale of illicit liquor
and had also gone to jail in that connection. All of these
appellants had an apprehension that it was the son of the
informant who was involved behind the arrest of Munna Rai and
they were also not happy with the deceased because of his
intervention with the villagers against these appellants when
they tried to stop the road construction work. It further appears
that as per the written information, on 11.08.2020 when the
Patna High Court CR. APP (DB) No.1392 of 2024(5) dt.25-07-2025
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shraddh karm of the Aunt of the informant was going on, at
about 09:25 PM, when the son of the informant came there,
these appellants started making indiscriminate firing upon him.
It is stated that Shashi Rai and Sujit Rai were holding carbine
whereas Ravi Rai, Munna Rai, Rajesh Pal and Pawan Rai were
having pistol and all of them were making indiscriminate firing
as a result of which his son died.
5. Learned counsel for the appellants submits that on a
close reading of the evidence of the prosecution witnesses,
particularly that of the informant and his wife, it may be evident
that the informant cannot be an eye witness to the occurrence.
There is also a delay in lodging of the FIR and the prosecution
has not been able to prove the motive on the part of the
appellants behind the killing of the deceased.
6. On the other hand, learned counsel for the
informant and learned Additional Public Prosecutor for the State
would submit that these appellants are specifically named in the
first information report as assailants, they were armed with
deadly weapons and the ocular evidence of the prosecution
witnesses who are eye witnesses to the occurrence are getting
fully corroborated by the evidence of the Doctor (PW-10). It is
stated that the Doctor has found as many as five entry wounds
Patna High Court CR. APP (DB) No.1392 of 2024(5) dt.25-07-2025
5/6
on the body of the deceased which were caused by bullet, the
injuries were found charred, lacerated and inverted. Altogether
seven external injuries were found on the body of the deceased
and all were caused by fire arm.
7. It is further pointed out that these appellants have
got huge criminal antecedents. Munna Rai has got five, Ravi Rai
has got eight, Pawan Rai has got five and Shashi Ray has got
sixteen criminal antecedents. All of them are assailants.
8. Having regard to the submissions noted
hereinabove and the materials which we have prima facie gone
into at this stage for purpose of consideration of the prayer of
the appellants for suspension of sentence and release on bail,
noticing that these appellants are the assailants of the deceased
and the ocular evidences of the eye witnesses are getting
corroborated from the medical evidence of PW-10, we do not
find it a good case for suspension of sentence and bail of the
appellants. The various submissions of the learned counsel for
the appellants would require to go into a threadbare discussion
into the merit of the case which cannot be done at this stage in
terms of the judicial pronouncements of the Hon’ble Supreme
Court in the case of Omprakash Sahni Vs. Jai Shankar
Chaudhary and Another reported in (2023) 6 SCC 123 which
Patna High Court CR. APP (DB) No.1392 of 2024(5) dt.25-07-2025
6/6
has been reiterated in the case of Janardan Ray Vs. The State
of Bihar and Another passed in Criminal Appeal Nos. 1892-
1893 of 2025.
9. Thus, this Court refuses the prayer of the appellants
for suspension of their sentence and release on bail.
10. It is clarified that the observations made
hereinabove are only prima-facie and tentative in nature for
purpose of consideration of suspension of sentence and release
of the appellants on bail which would not cause prejudice to
either of the parties.
11. List these appeals for hearing on their turn.
Criminal Appeal (DB) No. 91 of 2025
12. Learned counsel for the appellant submits that he
would not press the prayer for suspension of sentence and bail
of this appellant at this stage.
13. Thus, the prayer for suspension of sentence and
release of the appellant, namely, Shashi Ray @ Shashi Rai on
bail is taken as not pressed.
(Rajeev Ranjan Prasad, J)
(Shailendra Singh, J)
lekhi/-
U T
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