Sogarath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21552 of 2024 Arising Out of PS. Case No.-401 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Sogarath Ray SON OF YOGENDRA RAY RESIDENT OF VILLAGEWARD NO. 8, RACHIYAHI, PS- BACHHAWARA, DISTT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Adv.
For the Opposite Party/s :
Mr.Raj Kishor Singh, APP.
Mr. Manish Kumar No.2, Adv.
Mr. Gajendra Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in Bachhwara P.S. Case No. 401 of 2023 registered for the offences punishable under Sections 341, 323, 307, 325, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegedly, all the accused persons including the petitioner are said to have assaulted the informant's side brutally by means of deadly weapons due to which they sustained several injuries. Co-accused Sanjit Rai and the petitioner fired upon the informant's side with an intention to
Patna High Court CR. MISC. No.21552 of 2024(3) dt.28-06-2024 2/3 kill them as a result thereof one bullet hit the left hand of the informant's uncle due to which he got injured.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that as per the FIR, two persons including the petitioner opened fire in the alleged occurrence due to which the informant's uncle has sustained gunshot injury on his hand, but there is no averment in the FIR that which bullet hit to the injured. He further submits that the injury sustained by the injured is not on vital part of his body. Petitioner has no criminal antecedent and he is in custody since 16.12.2023.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. Considering the submissions made as well as the period of judicial custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court
Patna High Court CR. MISC. No.21552 of 2024(3) dt.28-06-2024 3/3 below where the case is pending/successor Court in connection with Bachhwara P.S. Case No. 401 of 2023.
7. Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates on the date fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below. (Anjani Kumar Sharan, J) divyanshi/- U T