Jawahar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13562 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- SALIMPUR District- Patna ====================================================== Jawahar Ray S/O Late Ram Agya Ray R/O Village- Satgharwa, Kaladiara, P.S.- Salimpur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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 147, 148, 149, 342, 324, 302, 504 and 506 of the Indian Penal Code and Sections 27 of the Arms Act.

As per prosecution case, informant alleged that on 22.11.2022, 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 died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13562 of 2023(2) dt.25-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. There is general and omnibus allegation leveled against the petitioner and specific allegation of shot fire is against co-accused, namely Sipahi Rai. It is further submitted that no consistent material has been found against the petitioner moreover, he is languishing in judicial custody since 12.12.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Salimpur P.S. Case No. 256 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Barh, Patna. (Sunil Kumar Panwar, J) Manish/- U T

Patna High Court CR. MISC. No.13562 of 2023(2) dt.25-04-2023 3/3