Santosh Rai @ Santosh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68140 of 2022 Arising Out of PS. Case No.-526 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Santosh Rai @ Santosh Ray Son Of Anand Ray R/O Vill.- Brahampur, Ward No. 3, P.S.- Supaul, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 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, 447, 504, 34 of the IPC and Section 27 of Arms Act. As per prosecution case, it is alleged by the informant that the petitioner along with 6-7 unknown person came at the door of Manji Sharma and started abusing. It is further alleged that one Rohit Singh opened fire upon the neck of the informant's mother namely, Somni Devi thereafter she was brought to hospital where she was declared dead. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific overt-

Patna High Court CR. MISC. No.68140 of 2022(2) dt.22-03-2023 2/2 act against this petitioner rather the specific allegation of opening fire upon the informant's mother is against co-accused Rohit Singh. There is general and omnibus allegation leveled against this petitioner. Similarly situated three co-accused persons have already been granted bail by this Court vide order dated 07.02.2023 passed in Cr. Misc. No. 59737 of 2022. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 06.06.2022. 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 Supaul P.S. Case No. 526 of 2022 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. Supal. (Sunil Kumar Panwar, J) Manish/- U T