Patna High CourtCR. MISC./29446/2021bail granted

Kanhaiya Roy v. The State Of Bihar

2021-11-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29446 of 2021 Arising Out of PS. Case No.-259 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== Kanhaiya Roy Son of Late Radhe Roy @ Ramchander Roy Resident of At Nag Mandir Mishra Tola, P.S.- Darbhanga (Town), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

For the Opposite Party/s :

Mr. Ravindra Kumar, ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State Sri Ravindra Kumar.

Petitioner seeks bail in connection with Darbhanga (Town) P.S. Case No. 259 of 2018 registered under Sections 302/34 of the I.P.C. read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he is in custody since 21.04.2019 and charge-sheet has been submitted in the case. Learned counsel for the petitioner further submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that co-accused Bipin Ray took pistol from Md. Arzoo and fired at the son of the informant due to which he died. Learned counsel further submits that co-accused Md. Arzoo has been granted bail vide order dt. 15.12.2020 in Cr.

Patna High Court CR. MISC. No.29446 of 2021(2) dt.24-11-2021 2/2 Misc. No.33609 of 2020, Om Prakash @ Om Prakash Ray @ Kale has been granted regular bail vide order dt. 05.04.2019 in Cr. Misc. No. 20884 of 2019 and Md. Arsi was granted anticipatory bail vide order dt. 20.01.2021 in Cr. Misc. No.28308 of 2020.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 21.04.2019 and other co-accused have been granted bail as also petitioner is a person with clean antecedent, the petitioner above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned IXth Additional District and Sessions Judge, Darbhanga in connection with Darbhanga (Town) P.S. Case No. 259 of 2018.

(Satyavrat Verma, J) ravishankar/- U