Manoj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62604 of 2024 Arising Out of PS. Case No.-458 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Manoj Ray Son of Dhaneshwar Ray Resident of Village- Ballipur Rusulpur, P.S.- Bochahan, Distt.- Muazaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Ratneshwar Prasad, Advocate Ms. Nitu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in Bochahan P.S. Case No. 458 of 2023, instituted for the offences punishable under Sections 147, 149, 341, 323, 447, 325, 307, 379, 354B, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other assaulted the informant along with his family members due to which they sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.62604 of 2024(2) dt.30-08-2024 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that there is no specific allegation attributed towards the petitioner. The allegations levelled against the petitioner is general and omnibus in nature. It is alleged that the petitioner along with other co-accused have assaulted father of the informant namely Anoop Rai by means of iron rod due to which he sustained injury which is grievous in nature. There is case and counter case between the parties. The petitioner surrendered before the Court below on 08.07.2024 and since then he is in custody. The petitioner has got two criminal antecedents.

5. Learned counsel for the informant and learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bochahan P.S. Case

Patna High Court CR. MISC. No.62604 of 2024(2) dt.30-08-2024 3/3 No. 458 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T