Dinesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23945 of 2022 Arising Out of PS. Case No.-248 Year-2019 Thana- DIGHWARA District- Saran ====================================================== DINESH RAY SON OF SAMUNDAR RAY R/O VILLAGE- HAWASHPUR DERA, P.S.- SHAHPUR, DISTRICT- PATNA.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Dighwara P.S. Case No. 248/2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, the petitioner alongwith others are said to have killed the son of informant on account of non-fulfillment of the ransom.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. From perusal of the FIR, it appears that in the present case
Patna High Court CR. MISC. No.23945 of 2022(2) dt.23-08-2022 2/3 26 named and some unknown have been made accused by the informant. There is no specific allegation against the petitioner and there is general and omnibus allegation. He further submits that there is specific allegation against co-accused, Indal Singh who fired upon the head of the decease. The informant is not an eye witness he has lodged FIR on the basis of here say version of one Congress Mahto. The petitioner is languishing in custody since 13.01.2022 and bears criminal antecedent of three cases. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. Coaccused have already been granted bail by the co-ordinate Benches of this Court as mentioned at Annexure-2 Series of the bail petition and the case of present petitioner stands on similar footing.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, similarly situated co-accused have already been granted bail, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be
Patna High Court CR. MISC. No.23945 of 2022(2) dt.23-08-2022 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Dighwara P.S. Case No. 248/2019, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T