Patna High CourtCR. MISC./16251/2022bail granted

Baleshwar Ray v. The State Of Bihar

2022-05-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16251 of 2022 Arising Out of PS. Case No.-607 Year-2020 Thana- MANER District- Patna ====================================================== BALESHWAR RAY S/o Matab Ray R/o Village- Brahmchari Pokhara, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and other allied Sections of the Indian Penal Code.

As per the prosecution story, on 05.11.2020 the informant was sitting at his door in the meantime these petitioners along with other F.I.R. named accused persons came to his house variously armed and started abusing him. The accused persons assaulted the brother of the informant with a rod on his head due to which he received injuries and died on the way to the hospital. Allegation against this petitioner is that he along with three other FIR named accused persons caught hold of the deceased and thereby facilitated the commission of crime.

Patna High Court CR. MISC. No.16251 of 2022(2) dt.17-05-2022 2/2 Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No specific overt act has been alleged against this petitioner and specific allegation of overt act is against other accused persons. Petitioner claims clean antecedent and is in custody since 27.09.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Danapur, Patna in connection with Maner PS case No.607/2020.

(Prabhat Kumar Singh, J) BKS/- U T