Sudhir Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.749 of 2022 Arising Out of PS. Case No.-248 Year-2020 Thana- PATORI District- Samastipur ====================================================== SUDHIR RAY Son of Jai Kishun Ray @ Kunwar Ray Resident of VillageUttari Dumari, P.S.- Patori, O.P. Mohanpur, District- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-02-2022 Heard Mr. Santosh Kumar, learned Counsel for the petitioner and Mr. Rajendra Prasad Nat learned Additional Public Prosecutor for the State via virtual mode. The petitioner seeks regular bail in connection with Patori Police Station Case No. 248 of 2020, registered for the offences punishable under Sections 147/149/341/323/504/302/ of the Indian Penal Code and Section 27 of the Arms Act. Altogether ten named accused persons including the petitioner, arrived at the place of occurrence, having pistol and other lethal weapons in their hands and on the instigation of one Jantu Rai, co-accused Surendra Rai fired upon the son of the informant, due to which he died.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he is at best a member of unlawful assembly. He next submits that no overt act has been alleged against the petitioner and similarly situated co-accused person, Vishwanath Ray (vide order, dated 24.09.2021, passed in Criminal Misc. No. 38608 of
Patna High Court CR. MISC. No.749 of 2022(2) dt.14-02-2022 2/2 2021), Rajo Rai and Mahesh Rai (vide order, dated 30.09.2021, passed in Criminal Misc. No. 23304 of 2021) and Jogi Rai (vide order, dated 17.12.2021, passed in Criminal Misc. No. 32617 of 2021) and one Nitish Ray vide Cr. Misc. No. 53478/2021 have been granted bail by this Court. It is also submitted that petitioner having no criminal antecedent is in custody since 30.09.2021.
Regards being had to the submissions made on behalf of the parties and taking into consideration the materials available on record and the fact that the petitioner is in custody since 30.09.2021 having no criminal antecedent and similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner. Let the petitioner, SUDHIR RAY, 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 learned Additional Chief Judicial Magistrate-II, Samastipur, in connection with Patori PS Case No. 248 of 2020. (Anil Kumar Sinha, J) perwez U T