Bhola Ray @ Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12601 of 2023 Arising Out of PS. Case No.-261 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== BHOLA RAY @ BHOLA YADAV Son of Punit Ray @ Punit Rayay Resident of Rajwada, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with S.T. No. 14 of 2023 arising out of Chiraiya P.S. Case No. 261 of 2022 registered for the offence under Sections 394 and 302 of the Indian Penal Code.

Two miscreants are alleged to have assaulted the informant and his wife with sharped weapon and iron rod causing him injury on the backside of the head as a result of which wife of the informant fell down thereafter they have snatched their bag and cash of Rs. 5000-7000/- Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been

Patna High Court CR. MISC. No.12601 of 2023(4) dt.24-06-2023 2/3 named in the F.I.R., however, his name transpired in this case during course of investigation on the basis of information furnished by the spy thereafter confessional statement of the petitioner was recorded in Chiraiya P.S. Case No. 305 of 2022 after being arrested. Save and except the confessional statement of petitioner, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner has been remanded in this case on 23.09.2022 and since then he is rotting in judicial custody. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries nine more cases other than the present one and he is on bail in all cases.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-22, East Champaran, Motihari in connection with S.T. No. 14 of 2013 arising out of Chiraiya P.S. Case No. 261 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.12601 of 2023(4) dt.24-06-2023 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

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

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T