Ajay Rai @ Ajay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68189 of 2021 Arising Out of PS. Case No.-607 Year-2020 Thana- MANER District- Patna ====================================================== Ajay Rai @ Ajay Ray Son of Mahatab Rai @ Matab Ray @ Mahtab Rai Resident of Brahamchari Pokhara, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard both parties.

The petitioner seeks bail in Maner P.S. Case No. 607 of 2020, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code. As per the prosecution case, while the informant was sitting at his door, the FIR named accused persons including this petitioner having variously armed came there. It is further alleged that co-accused Kamal Kishore Rai and Upendra Rai assaulted the brother of informant on his head by means of iron rod and he succumbed to the injuries on the way to hospital. This petitioner and co-accused Mahesh Rai assaulted the cousin brother of informant causing injury to him.

It is submitted on behalf of the petitioner that though petitioner is named in the FIR, but specific allegation of assault

Patna High Court CR. MISC. No.68189 of 2021(3) dt.21-04-2022 2/2 upon the brother of informant (deceased) is against some other accused persons. Petitioner is not assailant of deceased, the only allegation against him is that he along with co-accused assaulted cousin brother of informant. As per injury report, no fracture injury was found on the person of cousin brother of informant. Petitioner claims clean antecedent and he is in custody since 01.08.2021. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Danapur, Patna in connection with Maner P.S. Case No. 607 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T