Santosh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32142 of 2023 Arising Out of PS. Case No.-314 Year-2020 Thana- SAHPUR District- Patna ====================================================== Santosh Ray Son Of Vijendra Ray Resident Of Village- Mahangu Tola, Lodipur, P.S.-Janipur, District-Patna.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2023 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 Shahpur P.S. Case No. 314 of 2020 registered for the offence under Sections 147/148/149/307/302 of the Indian Penal Code and Section 27 of Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 24.09.2022.

The allegation against the petitioner is to commit murder of elder brother of informant alongwith other named and unknown co-accused persons while opening indiscriminate firing.

Patna High Court CR. MISC. No.32142 of 2023(2) dt.28-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Shambhu Rai @ Shambhu Gop, where no incriminating material recovered/surfaced during the course of investigation to connect petitioner with present occurrence of murder. It is submitted that said Shambhu Rai has already granted bail by one of the coordinate Bench of this Court through Cr. Misc. No. 34277 of 2021 dated 03.01.2022. While concluding the argument, it is submitted that petitioner found involved in two more criminal case, 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, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as save and except confessional statement of co-accused, nothing incriminating material surfaced/recovered against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 24.09.2022 accordingly, petitioner above named, is directed to be released on bail in connection with Shahpur P.S. Case No. 314/2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.32142 of 2023(2) dt.28-06-2023 3/3 two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T