Ranjit Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1290 of 2020 Arising Out of PS. Case No.-514 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== RANJIT RAY Son of Raghuvir Ray Resident of Village- Rauja, P.S.- Chapra Town, District- Saran at Chapra ... Appellant

Versus

The State of Bihar ... Respondent ====================================================== Appearance :

For the Appellant :

Mr. Jeetendra Narayan, Advocate For the Respondent :

Usha Kumari 1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the parties.

The appellant has challenged impugned order dated 18.2.2020, passed by the Court below in a case filed for offence punishable under sections 307, 302 and other allied sections of the Indian Penal Code read with sections 3(i) (r) 2 (iv) (v) of the SC/ST Act.

It is alleged that the appellant and other accused persons came to informant's house and assaulted his brother and Renu Devi with lathi, danda, rod, etc. However, informant's brother died in course of the treatment.

It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.1290 of 2020(2) dt.01-06-2020 2/3 that the appellant has falsely been implicated in this case due to subsisting land dispute between the parties which is evident from the FIR itself. He further submits that there is general and omnibus allegation against the appellant as well as other accused persons and no specific overt act has been alleged against him. Appellant is having no criminal antecedent and is in custody since 18.2.2020.

Taking into consideration the facts and circumstances of the case, the impugned order dated 18.2.2020 is set aside and the appeal is allowed.

Let the appellant, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I cum Special Judge, SC/ST Act, Saran at Chapra in Chapra Town Police Station Case No. 514/2019, on the following conditions:-

(1) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the appellant tampers with the evidence or

Patna High Court CR. APP (SJ) No.1290 of 2020(2) dt.01-06-2020 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T