Bachcha Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14710 of 2020 Arising Out of PS. Case No.-224 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== BACHCHA RAY Son of Rama Nand Ray Resident of Village - Sabalpur Nawal Tola, P.S.- Sonepur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-11-2020 The present case was heard at length on 05.11.2020 and today it has been listed under the heading 'For Orders'. The petitioner apprehends his arrest in connection with Dariyapur P.S. Case No. 224 of 2018 for the offence registered under Sections 302 and 201 of the Indian Penal Code and Section 27 of the Arms Act.

The case of the prosecution as per the FIR is that on 16.07.2018, at a distance of about one kilometer from Laxman Chowk, dead bodies of two persons were found wrapped in two plastic sacks, whereafter the informant had reached at the said place and identified the said two dead bodies. The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further

Patna High Court CR. MISC. No.14710 of 2020(5) dt.06-11-2020 2/3 submitted that the FIR has been lodged against unknown persons and the petitioner is having no complicity, whatsoever in the alleged occurrence.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having considered the submissions made by the learned counsel for the parties as also having perused the materials on record, this Court finds that there is minuscule evidence as against the petitioner herein, hence I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, however, subject to certain conditions so that proper investigation of the case can be done. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No. 224 of 2018 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

It is needless to state that the petitioner would mark his attendance before the Officer In-Charge of the concerned

Patna High Court CR. MISC. No.14710 of 2020(5) dt.06-11-2020 3/3 Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T