Suraj Ray @ Suraj Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78515 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- SAHAR District- Bhojpur ====================================================== Suraj Ray @ Suraj Kumar Ray S/O Ramakant Ray @ Ram Shankar Ray R/O Village- Perhap, P.S- Sahar, District -Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103(1), 109, 190, 191 (2), 191(3), 61(2) of Bharatiya Nyaya Sanhita, 2023.
3. The case of the prosecution is in two parts. In the first part, seven accused persons are named and allegation against them is that they have made indiscriminate firing on the husband of the informant. In the second part, the petitioner along with other have named and allegation against them is that they have hatched the plan to get the husband of the informant
Patna High Court CR. MISC. No.78515 of 2024(4) dt.21-02-2025 2/3 killed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. From perusal of the FIR, it is clear that there is no specific allegation of any overt act against this petitioner. It is further submitted that during course of investigation, even one of the co-accused namely, Purosottam Kumar has given his confessional statement and in that statement also there is no discription of the role of this petitioner. Similarly situated other co-accused person has been granted bail by this Court vide order dated 22.01.2025 passed in Cr. Misc. No. 76237 of 2024. It is further submitted that the petitioner is languishing in judicial custody since 10.09.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the 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 Sahar P.S. Case No. 166 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.78515 of 2024(4) dt.21-02-2025 3/3 each to the satisfaction of learned Judicial Magistrate 1st Class, Bhojpur.
(Ashok Kumar Pandey, J) Sudhanshu/- U T