Chandradhan Ray @ Janardan Ray v. The State Of Bihar

Patna High Court Cr.Misc. No.25300 of 2016 (4) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25300 of 2016 Arising Out of PS.Case No. -51 Year- 2015 Thana -AJIMABAD District- BHOJPUR ====================================================== Chandradhan Ray @ Janardan Ray Son of Late Yadubansh Ray resident of Village - Kurmichak, P.S. - Azimabad, District - Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Singh. Advocate For the Opposite Party : Mr. Sri Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Azimabad P.S.Case No.51 of 2015 registered for an offence under Sections 364/34, 302 and 201 of the IPC.

The accusation is that 24 persons named in the FIR including the petitioner, forcibly took the father of the informant, namely, Jai Prakash Singh causing assault through lathi, stick and brick. His dead body was recovered in maize field. Learned counsel for the petitioner submits that the petitioner is in custody since 14.03.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the case. General and omnibus allegation

Patna High Court Cr.Misc. No.25300 of 2016 (4) dt.09-08-2016 has been made against the petitioner. No specific injury has been attributed against the petitioner. It has been alleged that the deceased was assaulted by lathi and iron rod. From perusal of the postmortem report, it is evident that the cause of death is due to strangulation. The postmortem report do not supports the allegations made in the FIR. The other co-accused has been granted bail by this Court vide Cr.Misc.No.1668 of 2016. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 CJM, Bhojpur at Ara in connection with Azimabad P.S.Case No.51 of 2015. (Sudhir Singh, J) B.Kr./- U T