Saheb Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13578 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- SALIMPUR District- Patna ====================================================== Saheb Ray, Male, aged about 65 years, Son of Late Ramagya Ray R/vSatgharba, Kaladiara, P.S.- Salimpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gyanendra Kumar Singh, Advocate For the State :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Salimpur P.S. Case No. 256 of 2022 dated 22.11.2022 registered for the offence punishable under Sections 147, 148, 149, 342, 324, 302, 504 and 506 of the Indian Penal Code and 27 of the Arms Act. Prosecution case in nutshell is that the petitioner along with co-accused persons armed with deadly weapons came at his house and assaulted his son and in the meantime co-accused, namely, Sipahi Rai fired upon son of the informant due to which he sustained gunshot injury and dead.
The allegation against the petitioner is that he is the member of the mob who fled away by firing.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.13578 of 2023(2) dt.10-05-2023 2/2 petitioner has been falsely implicated in this case and the petitioner suo motu surrendered before the Court and has no criminal antecedent. He is in jail custody since 08.12.2022. Learned counsel further submits that a co-ordinate Bench of this Court vide order dated 25.04.2023 in Cr. Misc. No. 13562 of 2023 has granted bail to a similarly situated co-accused namely, Jawahar Ray.
Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 the learned Court concerned in connection with Salimpur P.S. Case No. 256 of 2022.
(Sunil Dutta Mishra, J) P. Kumar U T