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Patna High CourtCR. MISC./18166/2022bail granted

Ashok Rai v. The State Of Bihar

2022-07-28Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18166 of 2022 Arising Out of PS. Case No.-752 Year-2021 Thana- MANER District- Patna ====================================================== ASHOK RAI Son of Shradha Ray @ Chandrika Rai @ Chakradhari Rai Residnet of Jamaungi to Barhmchari, P.S.- Maner Sherpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26451 of 2022 Arising Out of PS. Case No.-752 Year-2021 Thana- MANER District- Patna ====================================================== RANJAY KUMAR @ RANJAY RAY S/o Sagar Ray R/o VillageBrahmchari, Pokhra Sherpur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 18166 of 2022) For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Madhuri Lata (In CRIMINAL MISCELLANEOUS No. 26451 of 2022) For the Petitioner/s :

Mr.Vinod Pandey For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State in both Cr. Misc. petition and disposed of by this same order.

Patna High Court CR. MISC. No.18166 of 2022(2) dt.28-07-2022 2/3 The petitioners in both Cr. Misc. petition have preferred this application for grant of regular bail in a case registered under sections 147,148, 149, 386, 384, 302, 504, 341, 323, 120B of the Indian Penal Code and 27 of the Arms Act. The petitioners and other co-accused persons are alleged to have shot the husband of the informant dead on account of recovery of ransom money.

Learned counsel for the petitioners has submitted that the petitioners are innocent and they have falsely been implicated in this case merely on the basis of suspicion. The petitioner in Cr. Misc. No.18166 of 2022 has clean antecedent and the petitioner in Cr. Misc. No.26451 of 2022 has one criminal antecedent as stated at Para 3 of the respective bail petition. The petitioner, Ashok Rai, is in custody since 26.09.2021 and the petitioner, Ranjay Kumar is in custody since 30.12.2021. There is general and omnibus allegation against the petitioners. There is no eye witness in this case. The deceased, Raj Ballabh Kumar was a boat man and in this case altogether 76 persons and 20 unknown persons are made accused. There is no specific allegation against the petitioners. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Patna High Court CR. MISC. No.18166 of 2022(2) dt.28-07-2022 3/3 Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur, Patna, in connection with Maner P.S. Case No. 752 of 2021, with a condition:-

1. The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T