Umesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6237 of 2019 Arising Out of PS. Case No.-326 Year-2017 Thana- JAYNAGAR District- Madhubani ====================================================== Umesh Ray Son of Suraj Ray Resident of Village- Baldiha, Balua Tol, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 394, 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in brief is that while the younger brother of the informant having a bag containing Rs. 3,00,000/- was returning home, two miscreants attempted to snatch the bag and on protest, firing was made upon him.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 21-03-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. FIR is against

Patna High Court CR. MISC. No.6237 of 2019(3) dt.25-04-2019 2/2 unknown. The name of the petitioner surfaced in this case on the basis of confessional statement of co-accused. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. No looted article is alleged to have been recovered from possession of the petitioner. The other co-accused with similar allegation has been granted bail by this court vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Madhubani in connection with Jaynagar P.S. Case No. 326 of 2017.

(Sudhir Singh, J) A.K.V.//- U T