Patna High CourtCR. MISC./7367/2024bail granted

Suman Kumar Ray @ Suman Ray @ Suman Kumar @ Rahul Ray v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7367 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Suman Kumar Ray @ Suman Ray @ Suman Kumar @ Rahul Ray, son of Umesh Ray, R o Village- Belaur PS- Udwantnagar, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ara Nawada P. S. Case No. 04/2023 lodged on 03.01.2023 under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against three accused persons against whom there an allegation that they have fired on the private part of the informant and thereafter fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The FIR has been lodged against unknown and the petitioner has been dragged in this case only on the basis of suspicion. No

Patna High Court CR. MISC. No.7367 of 2024(2) dt.17-02-2024 2/3 incriminating article has been recovered from the possession of the petitioner. The petitioner is accused in eight more criminal cases. Out of eight criminal cases, in six cases, he has furnished the bail bonds, but in rest two cases, he has to furnish the bail bonds. The petitioner has been remanded in this case from 30.09.2023.

5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the petitioner is accused in eight more criminal cases.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara, in connection with Ara Nawada P. S. Case No. 04/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the

Patna High Court CR. MISC. No.7367 of 2024(2) dt.17-02-2024 3/3 cases as mentioned in paragraph no.3 of the petition as under :- (i) Ara Nawada P.S. Case No. 783/2019.

(ii)Ara Nawada P.S. Case No. 584/2020 (iii) Ara Nawada P.S. Case No. 839/2020 (iv) Ara Nawada P.S. Case No. 658/2020 (v) Ara Nawada P.S. Case No. 753/2020 (vi) Ara Nawada P.S. Case No. 811/2022 (vii) Ara Koilwar P.S. Case No. 556/2023.

(viii) Bihta P.S. Case No. 899/2023.

(Dr. Anshuman, J) Ashwini/- U T