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Patna High CourtCR. MISC./72853/2018bail granted

Satendra Kumar Ray @ Bablu Ray @ Satyendra Kr. Ray v. The State Of Bihar

2018-12-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72853 of 2018 Arising Out of PS. Case No.-260 Year-2016 Thana- BISFI District- Madhubani ====================================================== Satendra Kumar Ray @ Bablu Ray @ Satyendra Kr. Ray. S/o Sri Kameshwar Ray, Resident of Village- Belbara, P.S.- Kamtaul, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar For the Opposite Party/s :

Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.T. No. 302 of 2018 arising out of Bisfi P.S. Case No. 260 of 2016 for the offenses punishable under Sections 302 and 201 of the Indian Penal Code.

The FIR is against unknown persons and the allegation is that the accused persons including the petitioner herein, whose name has transpired subsequently during the course of supervision note furnished by the DY.S.P., Madhubani, are suspected to have killed the son of the informant on account of enmity.

The learned counsel for the petitioner submits that firstly FIR is against unknown person and secondly there is

Patna High Court Cr.Misc. No.72853 of 2018(3) dt.14-12-2018 2/2 neither any eye witness nor there is any evidence to show the complicity of the petitioner in the alleged crime. Lastly, it is submitted that there is no material on record to suggest the role of the petitioner in the said incident. The petitioner is stated to be having a clean antecedent and is languishing in custody since 30.05.2018. The learned counsel for the petitioner has further submitted that similarly situated co-accused persons have already been granted bail on 23.01.2008 passed in Criminal Misc. No. 59984 of 2017 and order dated 27.07.2018 passed in Criminal Misc. No. 45286 of 2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Madhubani in connection with S.T. No. 302 of 2018 arising out of Bisfi P.S. Case No. 260 of 2016.

(Mohit Kumar Shah, J) S.Sb/- U T