Vikas Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12230 of 2023 Arising Out of PS. Case No.-75 Year-2021 Thana- DORIGANJ District- Saran ====================================================== VIKAS RAY S/O Dhaneshwar Rai R/O Daftarpur, P.S- Doriganj, DistrictSaran, Bihar- 841211 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that his son namely, Sonu Kumar was in business of sand and because some dispute with the FIR named accused persons, there were cases registered from both the side. It is further alleged that one Subhnathh Rai had threatened the son of informant with dire consequences and on 25.3.2021, his son was found killed. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been

Patna High Court CR. MISC. No.12230 of 2023(2) dt.24-04-2023 2/2 implicated in this case only on the basis of suspicion. The name of the petitioner has been transpired in on the basis of confession made by co-accused namely, Satyendra Rai who is already getting the privilege of bail granted by a co-ordinate Bench of this Court vide order dated 21.4.2022 passed in Cr. Misc. No. 56215 of 2021 and in support of this Annexure-3 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 29.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Doriganj P.S. Case No. 75 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Saran. (Sunil Kumar Panwar, J) Amandeep/- U T