Gorakh Rai @ Gorakh Ray @ Nirmal @ Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16557 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== 1.

Gorakh Rai @ Gorakh Ray @ Nirmal @ Nirmal Kumar Son of Jaylal Rai @ Jail lal Rai Resident of Vill.-Gangahara, P.S.-Maner, Distt.-Patna 2.

Pramod Rai @ Parmod Ray @ Firoz Son of Sri Shikari Ray @ shikari Rai Resident of Vill.-Haldi Chhapra, Saat Ana, P.S.-Maner, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for an offence punishable under Sections 147, 148, 149, 447, 307, 386, 379, 504, 506 and 120(B) of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 27 of the Arms Act.

3. Allegation against the petitioners along with other co-accused persons is to have engaged in illegal mining of sand and it is further alleged that they have made indiscriminate firing upon police persons.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case and there is general and omnibus allegation against them and similarly situated co-accused have been granted bail by this Court passed in Cr. Misc. Nos.18078 of 2024 and 18302 of

Patna High Court CR. MISC. No.16557 of 2024(2) dt.23-04-2024 2/2 2024, petitioners have got clean antecedent as stated in para-3 of the petition and they are in custody since 02.10.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners above named be released on bail after framing of charge on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Mrs. Priya Kumari, Judicial Magistrate, Ist Class, Danapur/concerned Court in connection with Maner P.S Case No. 709 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioners shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge (Ramesh Chand Malviya, J) Brajesh Kumar/- U T