Ram Pravesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30206 of 2024 Arising Out of PS. Case No.-342 Year-2023 Thana- PATAHI District- East Champaran ====================================================== Ram Pravesh Ray son of Late Gudari Ray Resident of Village- Nayagaon, P.S.- Shyampur Bhataha, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-04-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Patahi P.S. Case no. 342 of 2023 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that having heard the sound of firing, he found his brother to have sustained gunshot injury. His brother disclosed that one Shambhu Rai and his son Raviranjan Yadav besides others had shot him. The informant's brother died on way to the hospital.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30206 of 2024(2) dt.19-04-2024 2/3 petitioner is not named in the F.I.R. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in his own confessional statement in paragraph no. 63 of the case diary wherein he is alleged to have confessed his guilt and also to have taken the name of co-accused Munna Kumar Yadav. The said Munna Kumar Yadav has been enlarged on bail vide order dated 2.4.2024 passed in Cr. Misc. no. 20305 of 2024. The petitioner is in custody since 19.2.2024. The allegation against the petitioner and Munna Kumar Yadav is of having played the role of a liner.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation as is evident from the learned trial Court, grant of bail to co-accused Munna Kumar Yadav vide order dated 2.4.2024 passed in Cr. Misc. no. 20305 of 2024 and the petitioner being in custody since 19.2.2024 , the petitioner is directed to be enlarged on bail in connection with Patahi P.S. Case no. 342 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.30206 of 2024(2) dt.19-04-2024 3/3 the learned Chief Judicial Magistrate, East Champaran at Motihari.
(Partha Sarthy, J) Harsh/- U T