Mohan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6782 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -SIKARHATA District- BHOJPUR ======================================================
1. Mohan Ray, Son of Late Yamuna Ray, Resident of Village - Baruhi, P.S. Sahar, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and five others is general and omnibus that they caused injury to Ashutosh Kumar @ Halchal Ray with sharp cutting weapon in presence of the informant as a result whereof Ashutosh died.
The post-mortem report would reveal that the Doctor has found single external injury on the head of the deceased caused by hard blunt substance which was cause of death.
Submission is that it is difficult to attribute who
Patna High Court Cr.Misc. No.6782 of 2018 (3) dt.05-03-2018 2/2 has caused the single head injury. Moreover, the informant appears to be not an eye-witness of the occurrence and she has cooked up this case due to old enmity.
Finding substance in the aforesaid submission, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sikarhata Police Station Case No. 12 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/- U T