Mantu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32014 of 2023 Arising Out of PS. Case No.-440 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== Mantu Ray Son of Late Chandra Ray Resident Of Mohalla - Ram Nagar, Bandrabagicha, P.S.- Kahalgaon, District - Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar, Advocate :

Ms. Pravina Kumari, Advocate For the Opposite Party/s :

Md. Anbzarul Haque Sahara, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of 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 Session Trial No. 177/2023 arising out of Kahalgaon P.S. Case No. 440 of 2020 registered for the offence under Sections 147, 148, 149, 324, 307 and 387 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.

The accused/petitioner is named in the F.I.R. and is in custody since 27.11.2022.

The allegation against this petitioner is of hurling bomb alongwith other co-accused persons on informant, as he

Patna High Court CR. MISC. No.32014 of 2023(2) dt.22-06-2023 2/3 failed to pay ransom money, having intention to cause his death. Learned counsel appearing on behalf of the petitioner submitted that allegation is very much general and omnibus, where occurrence arises out of previous enmities. It is submitted that the co-accused persons having similar allegation, namely, Jawahar Roy and Santosh Roy have already been granted bail by learned co-ordinate Benches of this Court through Cr. Misc. No. 32083 of 2021 vide order dated 21.12.2021 and Cr. Misc. No. 34347 of 2022 vide order dated 11.10.2022, respectively. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposed the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the nature of allegation, which is appearing very much general and omnibus against petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 27.11.2022, accordingly the petitioner, above named, is directed to be released on bail in connection with Session Trial No. 177/2023 arising out of

Patna High Court CR. MISC. No.32014 of 2023(2) dt.22-06-2023 3/3 Kahalgaon P.S. Case No. 440 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIII, Bhagalpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T