Mahendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87752 of 2024 Arising Out of PS. Case No.-15 Year-2021 Thana- SONEPUR District- Saran ====================================================== Mahendra Ray Son of Late Kalika Ray Resident of Village - Parma Nand Pur, P.S. - Sonpur, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
3. Allegation of assault against this petitioner and two others which resulted in death of deceased during treatment.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is delay of three days in lodging the F.I.R. without giving any plausible and cogent reasons for the said delay, which creates serious doubt
Patna High Court CR. MISC. No.87752 of 2024(2) dt.29-01-2025 2/2 about the prosecution case. Two similarly situated co-accused, have been enlarged on bail by a co-ordinate bench of this court vide Annexure-P/3 series to this application. The petitioner has no criminal antecedent and has been languishing in custody since 25.10.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sonepur P.S. Case No.15 of 2021. (Anjani Kumar Sharan, J) Trivedi/- U T