Chinni Ray @ Jitendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30785 of 2023 Arising Out of PS. Case No.-678 Year-2022 Thana- BIHTA District- Patna ====================================================== Chinni Ray @ Jitendra Ray, aged about 45 years, Male, Son of Gama Ray @ Gaama Ray, Resident of village-Jana Tola P.S.-Rivilganj, District-Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bihta P.S. Case No. 678 of 2022 dated 13.07.2022 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution story, 12 named accused persons and 10-15 unknown persons having rifles in their hands ordered to kill the husband of the informant due to some land dispute, upon which co-accused Sri Rai, Mandeep Rai and Amir Rai fired from the rifle upon the husband of the informant due to

Patna High Court CR. MISC. No.30785 of 2023(2) dt.15-06-2023 2/3 which he died.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The allegation against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The specific allegation is made against co-accused Sri Rai, Mandeep Rai and Amir Rai. The petitioner is in jail custody since 02.08.2022 having no criminal antecedent. Learned counsel further submits that other similarly situated co-accused persons have been granted Anticipatory Bail by the Co-ordinate Bench of this Court vide orders dated 23.02.2023, 15.05.2023, 06.04.2023, 21.04.2023 and 18.05.2023 in Cr. Misc. No. 61696 of 2022; Cr. Misc. No. 75227 of 2022: Cr. Misc. No. 3530 of 2023; Cr. Misc. No. 74422 of 2022; Cr. Misc. No. 5945 of 2023 respectively and Regular Bail vide order dated 21.02.2023 in Cr. Misc. No. 55956 of 2022.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.30785 of 2023(2) dt.15-06-2023 3/3 the like amount each to the satisfaction of the learned A.D.J, 1st Danapur at Patna in connection with Bihta P.S. Case No. 678 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T