Umesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11895 of 2020 Arising Out of PS. Case No.-317 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== UMESH RAY Son of Ramji Ray Resident of Village - Chhota Brahmpur Satgharwa, P.S. -Bhagwan Bazar, District - Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 03-06-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

Informant has alleged that on 15.10.2019 at about 1:00 p.m., when his father was returning to Chapra, FIR named accused stopped his father and Batar Ray, Baleshar Ray, Awadhesh Ray, Bhuar Ray, Umesh Ray (petitioner) and Puri Ray caught and abused him and Pampi Ray @ Bablu Ray fired on the waist of his father as a result of which, he sustained

Patna High Court CR. MISC. No.11895 of 2020(3) dt.03-06-2020 2/3 injuries and died during course of treatment. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. There is general and omnibus allegations against the petitioner and no specific allegation of any overt act has been attributed against him rather the specific allegation of firing is against coaccused Pampi Ray @ Bablu Ray. Petitioner has no criminal antecedent and he is in custody since 15.10.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ravilganj P.S. Case No. 317 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.11895 of 2020(3) dt.03-06-2020 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T