Shashi Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 37366 of 2023 Arising Out of PS. Case No.-62 Year-2020 Thana- ANGARGHAT District- Samastipur ====================================================== SHASHI RAY SON OF BALDEV RAY RESIDENT OF VILLAGE RUPAULI PS MUSRIGHARARI DISTRICT SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with Angarghat PS Case No 62 of 2020 dated 02.08.2020 registered for the offence punishable under Sections 302/34 of IPC and Section 27 of Arms Act. As per the prosecution case, the brother of the informant was shot dead by three unknown miscreants. It is further alleged that the co-accused persons gave money to this petitioner and his men killed the deceased.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has twenty antecedents, as stated in

Patna High Court CR. MISC. No.37366 of 2023(2) dt.07-07-2023 2/3 paragraph 3 of the bail petition. In thirteen cases, he is on bail. He is in custody in this case since 28.09.2021. It is further submitted that the co-accused Sanjay Sahani has been granted bail by the co-ordinate Bench of this Court by order dated 15.06.2021 passed in Cr Misc No 2944 of 2021. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII, Samastipur in Sessions Trial No 217 of 2021 arising out of Angarghat PS Case No 62 of 2020 dated 02.08.2020 subject to the following conditions:

(1) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

(2) The petitioner shall remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

Patna High Court CR. MISC. No.37366 of 2023(2) dt.07-07-2023 3/3

(3) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T