Ram Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67641 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- DORIGANJ District- Saran ====================================================== Ram Lal Ray Son Of Laxuman Ray R/O Village- Doriyaganj, P.S.- Doriyaganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Verma, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 379, 307, 504/34 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner attacked on the informant. It is further alleged that petitioner with an intention to kill the informant stabbed in his belly with knife and Jay Lal Rai also attacked on the informant due to which he got serious injuries. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67641 of 2022(2) dt.23-03-2023 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there is case and counter case due to land dispute between the parties. He further submits that the allegation against the petitioner is that he has assaulted the informant with knife and co-accused, namely, Jay Lal Rai has also attacked on the informant with knife. He further submits that the injury report of the informant suggests that the injury is grievous in nature. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Jay Lal Rai has been granted bail by the learned court below itself. The petitioner is in custody since 23.03.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Doriganj P.S. Case No. 131 of 2022 Trial No. 440 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.67641 of 2022(2) dt.23-03-2023 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T