Ramdev Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36297 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== 1.
RAMDEV RAY Son of Late Narayandutt Ray Resident of Village - Narayanpur, P.S.- Bhairav Asthan, District - Madhubani. 2.
Jay Kumar Ray Son of Ramdev Ray Resident of Village - Narayanpur, P.S.- Bhairav Asthan, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the State :
APP For the Informant :
Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.
As per the prosecution case, over a dispute between the parties it is stated that the eleven named accused persons were called and thereafter on the orders of petitioner no. 1, Ram Balak Rai armed with farsa, Rahul Rai with dabia and Janak Lal Rai with an axe brutally assaulted the father of the informant as a result of which he was seriously injured and fell on the ground.
It is submitted by learned counsel the petitioners that the petitioners have been falsely implicated in the case. The
Patna High Court CR. MISC. No.36297 of 2021(2) dt.06-01-2022 2/2 allegation of assault on the father of the informant is specific on the three named accused who are not the petitioners herein. In any event the postmortem report does not support the prosecution case. The petitioners are in custody since 25.1.2021 and have no criminal antecedent. Charge sheet has been submitted in the case.
The application for bail is opposed by learned APP for the State and learned counsel for the informant who submits that besides being named in the FIR, the petitioners participated in the occurrence.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners together with the contents of the postmortem report and charge sheet having been submitted in the case, the Court directs the above named two petitioners to be enlarged on bail in connection with Bhairavsthan P.S. Case no. 59 of 2020 (G.R. Case no. 657 of 2020) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Jhanjharpur, District Madhubani.
(Partha Sarthy, J) Prakash/- U