Vinod Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43986 of 2022 Arising Out of PS. Case No.-395 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vinod Ray Son Of Jai Kishun Ray R/O Village- Shamachak, P.S.- Hajipur Sadar. District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

As per prosecution story, it is alleged that the petitioner along with other co-accused persons armed with deadly weapons, inflicted Daab (sharp cutting weapon) blow on the neck of informant's younger brother and resultantaly he succumbed to injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. During investigation, the Investigation Officer did not find any blood mark at the alleged place of occurrence and

Patna High Court CR. MISC. No.43986 of 2022(4) dt.09-01-2023 2/2 no bloodstained soil was found at the said place. It is further submitted that cause of death of informant's brother was an injury said to have been caused by sharp cutting weapon but police had not recovered such weapon from the house of the petitioner. Similarly situated co-accused namely, Rakesh Ray has already been granted bail by a co-ordinate bench of this court vide order dated 18.7.2022 in Cr. Misc. No. 18999 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 21.3.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur P.S. Case No. 395 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) amandeep/- U T