Sanjay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29801 of 2020 Arising Out of PS. Case No.-241 Year-2018 Thana- HATHAURI District- Muzaffarpur ====================================================== SANJAY RAY S/o Late Kapildev Ray Resident of Village-Berai, P.S.- Hathauri, District-Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Smt.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 447, 323 and 302 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons assaulted the informant's brother by means of rods, as a result of

Patna High Court CR. MISC. No.29801 of 2020(2) dt.11-11-2020 2/2 which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.02.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. Altogether four persons are alleged to have assaulted the deceased. There are only two injuries found on the body of the deceased. General and omnibus allegation has been made. The postmortem report does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 16th Additional Sessions Judge, Muzaffarpur in connection with Hathauri P.S. case No.241 of 2018.

Narendra/- (Sudhir Singh, J) U T