Mantosh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27405 of 2023 Arising Out of PS. Case No.-123 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== Mantosh Ray Son Of Raghuveer Ray Village -CHIRIYA, Ps- Bakhtiyarpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 123 of 2022 dated 19.03.2022 lodged under Sections 147, 148, 149, 447, 341, 307, 323, 504 of the I.P.C. read with Section 27 of the Arms Act. As per the prosecution case, the F.I.R. has been lodged against total 12 named accused persons and some unknown accused persons. The allegation against the petitioner is that he is the member of mob and about 15-20 members reached at the house of the informant and started indiscriminate firing, due to which one Vinay Ray was injured and admitted to P.M.C.H for treatment.

Patna High Court CR. MISC. No.27405 of 2023(3) dt.05-06-2023 2/2 Learned counsel for the petitioner submits that from the content of F.I.R., it transpires that he is only member of the mob and nothing specific allegation against him. Counsel further submits that there is one criminal case pending against the petitioner in which he is on bail. Counsel submits that petitioner is in custody since 18.11.2022. He also submits that charge-sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 123 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T