Bhulla Ray @ Satendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16423 of 2022 Arising Out of PS. Case No.-150 Year-2020 Thana- SARAI RANJAN District- Samastipur ====================================================== BHULLA RAY @ SATENDRA RAY SON OF UPENDRA RAY Resident of Village- Nauachak, P.S.- Sarairanjan, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussamuddin Azad, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2022 Heard learned counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Sarairanjan P.S. Case No. 150 of 2020 for the offences under Sections 302/34 of the Indian Penal Code. As per the FIR, the son of the informant was missing and subsequently was found hanging on a tree. The informant suspected that the accused persons including the petitioner herein to be the person behind the said death/killing of his son. Learned counsel for the petitioner submits that only on the basis of suspicion, the petitioner has been made accused in this case. He further submits that some of the similarly situated accused persons have since been granted the privilege

Patna High Court CR. MISC. No.16423 of 2022(2) dt.14-07-2022 2/3 of bail in Cr. Misc. No. 21147 of 2021 disposed of on 16.02.2022, as contained in Annexure-3 of the bail application. Taking into account the aforesaid facts that the petitioner has clean antecedent and he is in jail since 18.12.2021 (as stated in paragraph-1 of the bail application) as also the fact that the chargesheet has been submitted and some of the similarly situated co-accused persons have since been granted the privilege of bail, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of ACJM-III, Samastipur in connection with Sarairanjan P.S. Case No. 150 of 2020, subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or

Patna High Court CR. MISC. No.16423 of 2022(2) dt.14-07-2022 3/3 threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T