Ashok Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24915 of 2022 Arising Out of PS. Case No.-4 Year-2020 Thana- SIKARHATTA District- Bhojpur ====================================================== ASHOK RAY, S/o Sri Bharat Rai R/o village- Chotki Kharaon, P.S.- Sahar, District- Bhojpura at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 302 read with 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the informant was returning to his house with his father, in the meantime, six accused persons came on two motorcycle and one co-accused, Kamta Pandey gave order to kill them upon which co-accused Lavkush Ray and the petitioner Ashok Ray caught hold of the

Patna High Court CR. MISC. No.24915 of 2022(2) dt.17-08-2022 2/3 informant and one Deepak Kumar and co-accused Shailesh Kumar Pandey opened fire resulting into the death of the father of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The other co-accused persons, Lavkush Rai and Kamta Pandey have already been granted bail by the Coordinate Bench of this Court vide order dated 25.11.2021 and 02.12.2020 passed in Cr. Misc. No. 30100 of 2021 and Cr. Misc. No. 29000 of 2020 2021 respectively. The petitioner is also accused in five other criminal cases out of which one case related to murder as stated in para 3 of the bail petition. The petitioner is in custody since 26.08.2020.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged 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 learned A.C.J.M.-8th, Bhojpur at Ara in connection with Sikrahta P.S. Case No. 04 of 2020, with following conditions :-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.24915 of 2022(2) dt.17-08-2022 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

2. If the petitioner is found involved in any other criminal case in future, his bail bond is liable to be cancelled by the concerned Court.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T