Saroj Ray @ Saroj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73631 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Saroj Ray @ Saroj Rai S/O Police Rai R/O Village- Chakiya, P.S- Doriganj, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 385, 386 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the tractor of the informant was bringing sand for the construction of temple. One Ravindra Kumar was driving the tractor. The petitioner along with others started demanding Rs. 500/- as 'rangdari' . The driver was offering Rs. 200/- and on the pretext that the sand is being carried for construction of temple. On this, the accused persons abused and Guddi Rai assaulted with the 'butt' of rifle on the chest of driver of the tractor. It is further alleged
Patna High Court CR. MISC. No.73631 of 2024(5) dt.20-01-2025 2/3 that on 29.04.2024 at about 11:00 A.M., all the accused persons arrived at the house of the informant and started firing. The informant hide himself. The driver was caught by the accused persons. Guddu Rai and Siyaram Bin fired at Upendar Kumar the driver. The fired hit the jaw of the driver due to which he got injured.
Learned counsl for the peitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. From perusal of the FIR itself, it is clear that there is no specific allegation of any overt act against this petitioner. Learned Trial Court has rejected the bail of this petitioner only because he has criminal antecedents of four cases. Moreover, the petitioner is languishing in judicial custody since 30.05.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid 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 Koliwar P.S. Case No. 208 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.73631 of 2024(5) dt.20-01-2025 3/3 Chief Judicial Magistrate, Bhojpur at Ara.
(Ashok Kumar Pandey, J) Jagdish/- U T