Bhikhari Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73128 of 2022 Arising Out of PS. Case No.-229 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bhikhari Ray S/O Sri Moti Ray R/O Village- Jadhua Gardaniya Chowk, P.SHajipur Town, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Hajipur Sadar P.S. Case No. 229 of 2021 dated 07.03.2021 registered for the offence punishable under sections 364 and 365 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons are alleged to have abducted the informant's husband with intent to kill on account of land dispute. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.73128 of 2022(2) dt.06-04-2023 2/2 petitioner. There is no eye witness in this case. There is land between petitioner's mother Chanda Devi and Chandeshwar Rai, father of victim. The petitioner mother Chanda Devi had filed T.S. No. 135 of 2006 against Chandeshwar Rai, which was decided in her favour. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 11.10.2022 passed in Cr. Misc. No. 5355 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 concerned, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 229 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T