In Awadhesh Rai & Ors. vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices Vikram Nath and Aparesh Kumar Singh passed a 3-page long order dated October 30, 2026, wherein, recorded: "The applicant-appellant no.1 has prayed for suspension of sentence/bail having suffered for a period of more than 11 years incarceration. It is also submitted that the applicant-appellant no.1 was not one of the charge-sheeted accused, but was later on summoned during trial under Section 319 Cr.P.C." It concluded:"....taking into facts and circumstances of the present case, we are inclined to suspend the sentence awarded to the applicant-appellant no.1 pending appeal before this Court. Accordingly, during the pendency of the appeal, the applicant-appellant no.1 is directed to be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with Sessions Trial No.105A/2007 arising out of FIR No.33 of 2005, registered at Police Station-Dariyapur, District-Saran, Bihar. IA No. 319838/2026 is, accordingly, disposed of."
Earlier, in Awadhesh Rai & Ors. vs. The State of Bihar (2022), Patna High Court's Division Bench of Justices Partha Sarthy and Ashwani Kumar Singh delivered a 17-page long judgement dated February 9, 2022, wherein, it concluded:"....the prosecution has been able to prove the manner time and also the place of occurrence. The prosecution having proved the case beyond all reasonable doubts, in the opinion of the Court, there is no illegality in the judgments impugned and thus the conviction and the sentence of the appellants are upheld. The appeals stand dismissed." The judgement was authored by Justice Partha Sarthy. It was heard and adjudicated along with Sanjay Rai vs. The State of Bihar (2022). Both the appeals arose out of the common judgment and order dated September 9, 2015 passed in Sessions Trial No.105A of 2007 by the 2nd Additional District and Sessions Judge, Saran, Chapra.
The appellants Awadhesh Rai, Arvind Rai, Manoj Rai, Mukesh Rai, Shyama Rai and Rameshwar Rai had appealed against the judgment of conviction of the trial court whereby the accused Sanjay Rai was convicted under sections 302 and 307/34 of the Indian Penal Code and section 27 of the Arms Act and sentenced to undergo life imprisonment under section 302 of the Indian Penal Code, rigorous imprisonment (R.I.) for 10 years under section 307/34 of the Indian Penal Code and R.I. for 7 years with a fine of Rs.30,000/ under section 27 of the Arms Act. The other accused namely Awadhesh Rai, Arvind Rai, Manoj Rai, Mukesh Rai, Shyama Rai and Rameshwar Rai were convicted under sections 302/34 and 307/34 of the Indian Penal Code and sentenced to undergo life imprisonment under section 302/34 of the Indian Penal Code and R.I. for 10 years and fine of Rs.30,000/ for the sentence under section 307/34 of the Indian Penal Code.
Dariyapur P.S. Case no.33 of 2005 was registered on May 4, 2005 on the fardbeyan of Amod Kumar Gupta (P.W.1) recorded by S.I. Sanjay Kumar, Police Station Dariyapur District Saran at Chapra on May, 4, 2005 at 15.00 hours wherein he alleges that about a week ago accused Ajay Rai came as a customer at the jewelry shop of his uncle Ram Chandra Sah (PW3) in Dariyapur Bazar. In course of purchase of jewelry, he asked for a loan. On not agreeing to give a loan there was altercation which turned into a fight. The fight was settled between the parties. However on the same day after about 2-4 hours Mithilesh Kumar was taken away from the shop and beaten up with slaps. At the time Sipahi Rai and Rajeshwar Rai
reached and threatened the jewelers of the area that they would be killed and destroyed. It was alleged that belonging to the business class, not much attention was paid to the threats. On May 4, 2005 at about 1 pm accused persons riding on about 4-5 motorcycles, i.e Sipahi Rai, Rajan Rai, Arvind Rai, Sanjay Rai, Mukesh Rai, Mahesh Rai, Shailesh Rai, Awadhesh Rai, Manoj Rai and other unknown persons came variously armed with katta, pistol, carbine and bomb. Reaching the shop of Kishori Sah they resorted to firing as a result of which Shivnath Sah died on the spot. Seeing the occurrence Pancham Prasad entered into his house. Thereafter the accused persons resorted to firing at the door of Dina Sah followed by Tribhuwan Sah, the shop of Shivpujan Sah and the door of Madan Sah. Madan Sah sustained bomb injuries in his leg and fell down. Thereafter the accused persons proceeded to the shop of the Amod Kumar Gupta (informant) where Rajeshwar Rai struck the informant with the butt of his pistol on his forehead as a result of which he sustained injuries. On the son of the informant namely, Vivash Kumar @ Sonu (P.W.4) coming there, he was shot by Rajeshwar Rai with the pistol. The shot hit him in his hand as also his chest and he was seriously injured. On the younger brother of the informant namely, Chhathi Lal Gupta coming there, it is alleged that on the orders of Rameshwar Rai, Shailesh Rai fired hitting Chhathi Lal Gupta in his chest as a result of which he died on the spot. It was also alleged that firing was also carried out in the shop of Mithilesh Sah as also on the shops of Subash Prasad and Dayanand Sah. The informant stated that Sanjay Rai shot Shivnath Sah as a result of which he died in the shop itself and injured Madan Prasad Postmaster, Vikash Kumar @ Sonu (PW4) were referred to PMCH, Patna for treatment. The informant was treated at the Primary Health Centre, Dariyapur. The accused persons escaped in north direction. On the basis of the aforesaid oral statement of the informant, a formal F.I.R. was registered and investigation was taken up. After completion of investigation chargesheet was submitted under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act against accused Mahesh Rai and a supplementary chargesheet was submitted under section 302 and other sections of the Indian Penal Code, section 27 of the Arms Act and section ¾ of the Explosive Substances Act against the accused Sipahi Rai, Shailesh Rai and Sanjay Rai. So far as the seven appellants herein are concerned, final form was submitted for lack of evidence against them. By order dated 5.8.2005 in connection with the supplementary chargesheet submitted on April 9, 2007, cognizance of the offence was taken and on commitment of the case Sessions Trial no.105 of 2007 was registered for the trial of Shailesh Rai, Rajeshwar Rai and Sipahi Rai. Shailesh Rai having absconded, Sessions Trial no.105 of 2007 proceed against Rajeshwar Rai and Sipahi Rai. In course of trial, by order order dated June 26, 2008 summons were issued under section 319 of the Code of Criminal Procedure (Cr.P.C.) against the seven appellants herein. The trial of the seven appellants were split and registered as Sessions Trial no.105 A/2007.
The trial Court framed charges against the appellants under sections 302/34 and 307/34 of the Indian Penal Code and section 27 of the Arms Act. In order to establish the charges the prosecution examined seven witnesses. Justice Parta Sarthy observed: "Thus from the deposition of witnesses in course of trial, it transpires that the witnesses have consistently supported the occurrence at all the three places of occurrence i.e the shop of Kishori Sah, the shop of PW-1 and at the house of Madan Sah. Further the witnesses are eye witness to the occurrence and their deposition inspires confidence. So far as the inconsistencies in the depositions are concerned, the same are trivial in nature and one which would be expected when the witnesses are not tutored."
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