Lal Mohar Ray @ Lal Mohan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1200 of 2023 Arising Out of PS. Case No.-443 Year-2021 Thana- MANER District- Patna ====================================================== 1.

LAL MOHAR RAY @ LAL MOHAN RAY S/o Parshuram Ray R/o VillageBhudhar Tola, Byapur, P.S.- Maner, Distt- Patna. 2.

Ravi Kumar S/o Lal Mohan Ray R/o Village- Bhudhar Tola, Byapur, P.S.- Maner, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 325, 323,307, 302 of the Indian Penal Code. As per prosecution case, informant alleged that petitioners along with other co-accused persons variously armed came and assaulted his father by means of lathi, danda and butt of the pistol due to which he died.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Petitioners and informant are agnates and they have falsely been

Patna High Court CR. MISC. No.1200 of 2023(2) dt.27-03-2023 2/2 implicated in this case due to old drainage dispute. There is general and omnibus allegation against these petitioners and no specific overt-act has been alleged against them. It is further submitted that co-accused Balicharan Ray has already been granted bail by a coordinate Bench of this Court vide order dated 17.05.2022 passed in Cr. Misc. No. 15990 of 2022. Petitioners are languishing in judicial custody since 06.07.2022. Learned APP appearing for the state, learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this petitioner, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Maner P.S. Case No. 443 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Danapur.

(Sunil Kumar Panwar, J) Manish/- U T