Bhishm Ray @ Bhishm Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28282 of 2023 Arising Out of PS. Case No.-455 Year-2017 Thana- GARKHA District- Saran ====================================================== BHISHM RAY @ BHISHM KUMAR RAY son of Nandlal Ray @ Nandlal Prasad @ Nandlal Rai Village- Tahal Tola Ps- Garkha Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girijish Kumar For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Garkha P.S. Case No. 455 of 2017 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
As per the F.I.R., the allegation against the petitioner is that the he and other co-accused namely Umesh Rai and Bhisham Rai have assaulted the deceased. Umesh Rai is said to have assaulted with a Sword and the petitioner is said to have assaulted with Iron rod.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.28282 of 2023(2) dt.24-05-2023 2/2 petitioner is in custody since 30.09.2022.
Learned A.P.P. has vehemently opposed the prayer for bail.
Considering the general allegation levelled against the petitioner and considering the fact the co-accused Umesh Rai has been granted bail vide order dated 20.06.2018 passed in Cr. Misc. No. 34609 of 2018, this application for regular bail is allowed.
Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Saran at Chapra/concerned Court below in connection with Garkha P.S. Case No. 455 of 2017. (Sandeep Kumar, J) Shishir/- U T