Ranjeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38081 of 2019 Arising Out of PS. Case No.-345 Year-2018 Thana- BIBHUTIPUR DistrictSamastipur ====================================================== RANJEET RAY, aged about 30 years, male, Son of Upendra Ray Resident of Village-Chakhabib, Ward No.13, Police Station-Bibhutipur, DistrictSamastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rabindra Kumar Priyadarshi, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 307, 323, 324, 341/34 of the Indian Penal Code registered in connection with Bibhutipur P.S. Case No. 345 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the accusations of assault are general and omnibus in nature against the accused persons including the petitioner without any specific injury attributed individually. The deceased died almost three weeks after the alleged occurrence of 19.11.2018 and merely on an afterthought the F.I.R. has been lodged on 16.12.2018. Similarly situated co-accused persons Sahdev Ray, Sushil Ray and Sunil Ray have been granted anticipatory bail by this Court in Cr. Misc. No. 23976 of 2019. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.38081 of 2019(2) dt.26-06-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Bibhutipur P.S. Case No. 345 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U T