Lal Saheb Ray @ Lal Sahab Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84136 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- MANER District- Patna ====================================================== Lal Saheb Ray @ Lal Sahab Ray S/O Ramjasi Ray R/O - Hira Tola , Sherpur, P.S - Maner,Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Prasad Yadav, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Maner P.S. Case No. 435 of 2023 instituted for the offences under Sections 302, 34, 120B of the Indian Penal Code and 27 of the Arms Act.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in the murder of the informant's brother Arun Kumar Singh.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific
Patna High Court CR. MISC. No.84136 of 2024(3) dt.17-01-2025 2/3 allegation of firing upon the deceased is against co-accused Dhananjay Rai. Learned counsel further submitted that petitioner there is previous dispute between the parties. The coaccused person has already been granted bail by this Court vide order dated 09.12.2024 passed in Cr. Misc. No. 83605 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.08.2024 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 435 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.84136 of 2024(3) dt.17-01-2025 3/3 bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T