Muni Lal Ray @ Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81387 of 2024 Arising Out of PS. Case No.-370 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Muni Lal Ray @ Munna Rai, Son of Late Ghoghan Ray, R/o RachiahiKachahari Tola, P.S.- Singhaul O.P. (Muffasil), Dist- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-01-2025

1. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. Defect(s) as pointed out by the office at serial no. 1 be ignored for the present, whereas defect no. 2 be cured during the course of day itself.

3. The petitioner seeks bail in connection with Muffasil (Singhaul) P.S. Case No. 370 of 2022 registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The accused/petitioner is named in the

2/4 F.I.R. and is in custody since 01.07.2024.

5. The allegation against the petitioner is to involve in committing murder of grandson of informant alongwith other co-accused persons by causing firearm injury, where deceased was alleged to be called to come outside his house by making a call on his mobile on 13.07.2022 at about 9.30 PM.

6. Learned Counsel appearing on behalf of the petitioner submitted that the informant of this case claimed himself to be an eye-witness of the occurrence. It is pointed out that the petitioner was not present physically at place of occurrence, whereas specific allegation to cause fatal firearm injury is available against co-accused Nirmal Ray Son of Late Sitaram Rai, whereas allegation of firing is also available against other co-accused person, namely Mister Kumar but same said not to hit the deceased. It is pointed out that from the narration of FIR, the maximum incriminating material what can be gathered against this petitioner is that the co-accused persons who

3/4 committed murder of the grandson of the informant was in touch with the gang of this petitioner and, therefore, except suspicion nothing survives against this petitioner. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances and by taking note of fact as save and except suspicion having alliance with the gang of petitioner of main co-accused Nirmal Rai, who caused fatal firearm injury, causing death of the grandson of the informant, accordingly, petitioner above named, is directed to be released on bail in connection with Muffasil (Singhaul) P.S. Case No. 370 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of

4/4 the Cr.P.C. /Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T