Mokhtar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24726 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Mokhtar Ray S/o Late Saryug Ray, R/o Vill.- Faijullahpur, P.S.- Baikunthpur, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Uday Pratap Singh, Advocate For the Opposite Party : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 364/302/201/120B/34 IPC.

Learned counsel for the petitioner submits that the FIR discloses that there is past enmity between the parties and that it is a case of false implication as even the body of the victim has not been recovered. It is also submitted that the allegations made in the FIR is against accused no. 1 and 7. Prior to the lodging of this case, he is accused in one other case mentioned in paragraph 3 of the bail application, in which he is already on bail. Petitioner is in custody in connection with this case since 4.2.2018. In the facts and circumstances of the case, prayer for bail

Patna High Court Cr.Misc. No.24726 of 2018 (3) dt.24-05-2018 2/2 of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr Neeraj Kumar Pandey, Judicial Magistrate 1st class, Gopalganj in Baikunthpur Police Station Case No. 80 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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