Rinku Ray @ Rinku Kumar Ray v. The State Of Bihar

Patna High Court CR. APP (SJ) No.3271 of 2017 (2) dt.23-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3271 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -CHANDAN District- BANKA ======================================================

1. Rinku Ray @ Rinku Kumar Ray S/o Saheb Ram Ray @ Sahab Ray, R/o Village- Bank, P.S.- Chandan, District- Banka. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Mukherjee For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 The appellant seeks regular bail in connection with Chandan P.S. Case No. 150 of 2016, registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 3(2)(V) of SC/ST (POA) Act.

Allegation against the appellant and others is of killing the father of the informant.

It has been submitted on behalf of the appellant that only allegation against the appellant is that he was the order giver and assaulted by means of fists and slaps and main allegation of assault is against the co-accused Kuldip Yadav, and one of the coaccused has already been enlarged on bail by this Court vide order dated 04.07.2017, passed in Cr. Appeal (SJ) No. 1909 of 2017 and appellant has been in custody since 19.10.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let

Patna High Court CR. APP (SJ) No.3271 of 2017 (2) dt.23-11-2017 the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Banka, in connection with Chandan P.S. Case No. 150 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T