Chandan Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2299 of 2019 Arising Out of PS. Case No.-522 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Chandan Kumar Ray Raja Ram Ray Resident of Village-Sikandarpur Rajaura,P.S.- Muffasil, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Ahmad Ali For the Informant :

Mr. Subhesh Pandey, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Mufassil P.S. Case No. 522 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Petitioner had earlier moved this Court for anticipatory bail vide Criminal Miscellaneous No. 17696 of 2018 which was dismissed on 25.04.2018.

Allegation against the petitioner is that he called the maternal uncle of the informant and assaulted him by slaps and legs and due to which uncle of the informant died. Considering the nature of allegation against petitioner,

Patna High Court CR. MISC. No.2299 of 2019(3) dt.27-02-2019 2/2 I am not inclined to grant bail to the petitioner at this stage. However, after one year of custody the petitioner would be enlarged on bail by the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Mufassil P.S. Case No. 522 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T