Patna High CourtCR. MISC./31059/2019bail granted

Achchelal Ray v. The State Of Bihar

2019-05-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31059 of 2019 Arising Out of PS. Case No.-729 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== ACHCHELAL RAY, Son of Late Budhu Ray, Resident of VillageJaisinghpur Jathara, P.S.-Turkauliya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Turkauliya P.S. Case No.729 of 2018 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code.

It is alleged in the written report that on the date of occurrence the petitioner along with other accused persons armed with weapons surrounded the son of the informant. It is further alleged that Jitendra Rai assaulted the son of the informant in his Chest with GUPTI. Accused Gabbar Rai gave dagger blow in his abdomen and Dilip Rai also assaulted by means of knife.

From the written report, it is apparent that there is no

Patna High Court CR. MISC. No.31059 of 2019(2) dt.10-05-2019 2/2 allegation of specific overt act against the petitioner. He is only said to be member of unlawful assembly and had surrounded the son of the informant.

Counsel for the petitioner submits that other coaccused have already been granted regular bail by co-ordinate Bench of this Court by order dated 26.04.2019 passed in Cr. Misc. No.8095 of 2019 & Cr. Misc. No.25636 of 2019. . Petitioner is in custody since 04.11.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail 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 Judicial Magistrate, 1st class, Sadar, Motihari, East Champaran, in connection with Turkauliya P.S. Case No.729 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T