Surendra Ray @ Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27908 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- NAYAGAON District- Saran ====================================================== SURENDRA RAY @ SURENDRA KUMAR Son of Sri Rajendra Ray Resident of Village - Ramjee Chak, Chainpur Kothi, P.O.- Bataganj, Dinapur Cum Khagaul, P.S.- Nayagaon, Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that from the FIR itself it is clear that the allegation of causing fire arm injury to the deceased is against co-accused Ashok Rai and Manoj Rai. Moreso, petitioner has become victim of mistaken identify as there is allegation that one Surendra Ray, son of Late Shivnandan Rai was driving the vehicle at the relevant time, though petitioner is

Patna High Court CR. MISC. No.27908 of 2021(7) dt.20-06-2022 2/2 Surendra Ray @ Surendra Kumar S/O Sri Rajendra Ray. Besides this, there is no allegation of overt act against him. Petitioner has got no criminal antecedent.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Saran at Chapra in Nayagaon Police Station Case No. 132 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T