Patna High CourtCR. MISC./7901/2024allowed

Ram Babu Ray v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7901 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- MANER District- Patna ====================================================== RAM BABU RAY Son of Late Ram Jashi Ray R/o Heera Tola, Sherpur, P.S.- Maner, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302, 34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. It is a case of commission of murder of the informant's brother namely, Arun Kumar Singh by the accused persons including the petitioner by gun shot injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. He has no concern with the alleged occurrence. General and omnibus allegation against the

Patna High Court CR. MISC. No.7901 of 2024(2) dt.20-02-2024 2/2 petitioner and no any specific overt act has been attributed to him. The specific allegation of opening fire upon the informant's brother is against co-accused Dhananjay Rai due to which his brother sustained injury and got died. There is no independent eye witness of the instant case. Petitioner is languishing in judicial custody since 05.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Danapur (Patna) in connection with Maner P.S. Case No.435 of 2023. (Sunil Kumar Panwar, J) lata/- U T