Chandeshwar Ray @ Chaneshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74712 of 2023 Arising Out of PS. Case No.-486 Year-2023 Thana- BARH District- Patna ====================================================== Chandeshwar Ray @ Chaneshwar Ray, Son Of Late Sakal Ray, Resident Of Village- Pachiyari Malahi, P.S.- Barh, And District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 None appears on behalf of the petitioner. However, learned A.P.P. for the State is present who has been heard.
2. The petitioner seeks regular bail in connection with Barh P.S. Case No.486/2023, lodged on 29.07.2023 under Sections 147, 149, 341, 323, 325, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. From perusal of the pleadings, it appears that the FIR has been lodged against 11 named accused persons including the petitioner alleging therein that they all reached the house of the informant and assaulted the informant and his family members. Allegation of firing is also in the FIR by the accused persons.
4. It transpires to this Court from the pleading of the petitioner that the basic cause of the dispute is land and the
Patna High Court CR. MISC. No.74712 of 2023(2) dt.29-11-2023 2/3 accusation levelled in the FIR against 11 named persons is general and omnibus. There is no specific allegation in the FIR against anyone. He further submits that the antecedent of the petitioner is clean and he is in custody since 18.08.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Barh, in connection with Barh P.S. Case No.486/2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.74712 of 2023(2) dt.29-11-2023 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T