Vivekanand Ray @ Vivekanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62573 of 2019 Arising Out of PS. Case No.-72 Year-2015 Thana- RAGHOPUR District- Vaishali ====================================================== VIVEKANAND RAY @ VIVEKANAND RAI S/O Shivjee Ray Resident of Village Chandpura, P.S.- Raghopur, Distt. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 08.08.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the IPC and Section 27 of the Arms Act.

The accusation against all the accused persons including the petitioner is of resorting to fire. It is specifically alleged that co-accused Md. Tahir resorted to fire causing injury on the right side of the waist of the informant.

It is submitted by learned counsel for the petitioner that accusation against the petitioner is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is further

Patna High Court CR. MISC. No.62573 of 2019(2) dt.25-10-2019 2/2 submitted that co-accused, Md. Tahir has been granted bail by a Co-ordinate Bench of this Court, vide order dated 16.03.2016, passed in Cr. Misc. No. 58508 of 2015.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the nature of accusation, period under custody and the fact that other co-accused person has been granted bail by a Co-ordinate Bench of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 72 of 2015. Since the FIR was registered in the year 2015 and the petitioner has surrendered in the year 2019, learned Court below will be at liberty to cancel the bail bonds of the petitioner if he defaults for three consecutive occasions.

(Dinesh Kumar Singh, J) Amrendra/- U T