Aman Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31442 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== 1.
Aman Ray Son of Shri Ramnath Ray Resident of Village - Sarariya, P.S.- Lalganj, Distt.- Vaishali.
2.
Ramnath Ray Son of Shri Yogendra Ray Resident of Village - Sarariya, P.S.- Lalganj, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
04-10-2021 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.
The petitioners seek bail in Lalganj P.S. Case No. 103 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Sections 27 of the Arms Act.
As per the prosecution case, on the alleged date and time of the occurrence, the informant had gone to see her wheat crops and saw that the accused persons were harvesting the crops, which was objected by her, and on account of which, the accused persons abused her. In the meantime, son of informant Pappu Rai came there and petitioner no. 2 is alleged to have
Patna High Court CR. MISC. No.31442 of 2021(3) dt.04-10-2021 2/3 stabbed him with sword in his stomach. Petitioner no. 1 alongwith co-accused Amit Kumar are alleged to have assaulted son of informant by sharp-edged weapon, thereafter all the accused persons assaulted Pappu Rai, son of the informant. It is submitted on behalf of petitioners that due to land dispute between the parties, petitioners have been made accused. The injury, which is alleged to have caused by these petitioners, have been found to be simple in nature and one similarly situated co-accused Amit Kumar has already been extended the privilege of anticipatory bail by this Court, vide order dated 18.01.2021 passed in Cr.Misc. No. 38306 of 2020. Petitioners are in custody since 19.01.2021. Chargesheet has already been submitted.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Hajipur, Vaishali in connection with Lalganj P.S. Case No. 103 of 2020, on the following conditions:
Patna High Court CR. MISC. No.31442 of 2021(3) dt.04-10-2021 3/3 "(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T