Tuntun Ray @ Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25720 of 2023 Arising Out of PS. Case No.-566 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Tuntun Ray @ Bhandari Son of Raju Ray R/V- Musapur, P.S.- Samastipur (Muffasil), District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

03. In the present case, the petitioner seeks bail in connection with Samastipur (Muffasil) P.S. Case No. 566 of 2022 registered on 03.12.2022 for the alleged offences under Sections 147, 148, 149, 341, 323, 332, 336, 337, 307, 353, 379, 109 of the Indian Penal Code.

04. As per prosecution case, while the police has gone to arrest an accused of Town P.S. Case No. 470 of 2022, coaccused Haldhar Kapar instigated the local people under the apprehension that the police was coming to arrest him and

Patna High Court CR. MISC. No.25720 of 2023(2) dt.23-05-2023 2/3 attacked the police party, causing a number of injuries to the police personnel and also snatched mobile phone from them. The informant named nine persons with 30-40 unknown persons who participated in this unlawful act. The name of petitioner came up during investigation for being involved in the alleged occurrence.

05. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused Rishipal Sah @ Bhola. There is no material against this petitioner and there is no specific allegation of any over act as well. The petitioner is in custody since 04.12.2022 and chargesheet has been submitted. The petitioner has got no criminal history.

06. Learned APP for the State opposes the prayer for bail.

07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of material as well as general allegation levelled against this petitioner, who was not named in the FIR and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is

Patna High Court CR. MISC. No.25720 of 2023(2) dt.23-05-2023 3/3 directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Samastipur/court concerned in connection with Samastipur (Muffasil) P.S. Case No. 566 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T