Srinath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42307 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SRINATH RAY Son of Late Budhan Ray Resident of Village - Mahakampur Bara, P.S.- Muffasil, Distt.- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Ara Muffasil P.S. Case No. 136 of 2020, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code and 27 Arms Act. The petitioner is in custody since 14.05.2021. There are 24 persons named in the First Information Report. Allegedly, the said 25 persons, named in the First Information Report, and other 10-15 persons, not named, had participated in commission of the offence.

Learned counsel appearing on behalf of the petitioner has submitted, referring to the First Information

Patna High Court CR. MISC. No.42307 of 2021(2) dt.06-01-2022 2/2 Report, that there is direct allegation against co-accused Vijendra Rai, Pappu Rai, Dharmendra Rai, Shiv Mohan Rai and Vishnu Kumar and some others of having opened fire. He contends that there is no allegation of assault against this petitioner. He has further submitted that in similar circumstance Bisnu Shankar Kumar, Bharat Rai, Bhikhari Rai and Raghuvans have been allowed regular bail by this Court by orders dated 16.10.2020 and 17.12.2020 passed in Cr. Misc. No. 23664 of 2020 and Cr. Misc. No. 29432 of 2020. Further, one Shatrudhan Rai, another co-accused, has been allowed regular bail by this Court by an order dated 27.04.2021 passed in Cr. Misc. No. 6850 of 2021.

Considering the submission that in similar circumstance other co-accused persons have been allowed regular bail, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-7 or concern court, Bhojpur at Ara, in Ara Muffasil P.S. Case No. 136 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T