Ranjay Rai @ Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38134 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Ranjay Rai @ Ranjan Kumar, S/O Brahmdeo Rai, R/O Village- Naya Tola, Dedaur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No.57 of 2020 registered for the offence punishable under Section 147/148/149/379/302 of the Indian Penal Code.
The allegation against the petitioner along with seven other persons is of indiscriminate assault by various means. Petitioner's Counsel submits that specific assault on the head of the victim (informant's wife) is against co-accused Sanjay Rai. The petitioner has no criminal antecedents and even in the medical report, only one injury has been found on the head of the deceased. The petitioner is in custody since 03.03.2021. It is submitted that a similarly situated co-accused,
Patna High Court CR. MISC. No.38134 of 2021(2) dt.13-12-2021 2/3 namely, Brahmdeo Rai, has been granted bail in Cr.Misc. No.39336 of 2020, vide order dated 12.02.2021. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh, in connection with Bakhtiyarpur P.S. Case No.57 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails
Patna High Court CR. MISC. No.38134 of 2021(2) dt.13-12-2021 3/3 to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T