Ramesh Rai @ Ramesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29521 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== Ramesh Rai @ Ramesh Ray, S/o Late Goge Rai, R/o Vill.- Sabalpur Newal Toli (Hasti Tola), P.S.- Sonepur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. Ms. Kanchan Kumari, Advocate.

For the informant : Mr. Ajay Kumar Singh No. 1, Advocate. For the State : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Sonepur P.S. Case No. 63 of 2017 instituted for the offence under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner has clean antecedent. There is no allegation of any specific overt act against the petitioner.

In the written report it is alleged that co-accused Raju Singh and Balram Singh along with two other accused persons came in the shop of brother of the informant namely Lulan Kumar Das (since deceased) and took him with them. The informant was

Patna High Court Cr.Misc. No.29521 of 2018 (3) dt.28-06-2018 2/3 present in the shop at that time. The informant received information on 21.12.2017 that his brother (since deceased) has been killed. The informant has raised suspicion against the petitioner in the aforesaid murder.

Besides suspicion there is no any allegation of specific overt act against the petitioner.

Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sonepur P.S. Case No. 63 of 2017, he shall be released on anticipatory 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, District Saran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his

Patna High Court Cr.Misc. No.29521 of 2018 (3) dt.28-06-2018 3/3 bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- Rohit Kr.

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