Rajvrij Ray @ Rajbrij Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7850 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== 1.
Rajvrij Ray @ Rajbrij Ray Son Of Late Gauri Shankar Ray Resident of Village - Dariyapur, P.s.- Athmalgola, Distt.- Patna. 2.
Rajdeo Ray Son of Late Gauri Shankar Ray resident of village - dariyapur, p.s.- Athmalgola, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-06-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with Athmalgola P.S. Case No. 192 of 2021 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 325, 337, 338 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The accused/petitioners are named in the F.I.R. and is in custody since 10.10.2021.
The allegation against the accused/petitioners is that the petitioners alongwith other co-accused pelted stones on the house of the uncle of the informant.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.7850 of 2022(2) dt.06-06-2022 2/3 accused/petitioners submitted that the nature of allegation against the accused petitioners is very much omnibus as regard to the pelting of stones on the house of the uncle of the informant alongwith co-accused persons coupled with the fact that the injury sustained by the informant is simple in nature. While arguing over the matter, it has further been submitted that similarly situated co-accused persons have already been granted bail by a Co-ordinate Bench of this Court vide order dated 26.05.2022 passed in Cr. Misc. No. 7301 of 2022. Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded the statement made above as regard to the nature of allegation and also conceded that the injury received is simple in nature.
Considering the facts and submissions as made above and as the nature of allegation is very much omnibus coupled with the fact that injury received is simple, let the petitioners, above named, are directed to be released on bail in connection with Athmalgola P.S. Case No. 192 of 2021 on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.7850 of 2022(2) dt.06-06-2022 3/3 "(i) That accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which State shall be at liberty to move before the Trial Court itself for the cancellation of bail of the petitioners.
(ii) That one of the bailors shall be the close relative of the accused/petitioners like mother/father/sister/brother."
(Chandra Shekhar Jha, J) Ankit/- U T