Allowed

Kanchan Ray @ Kanchan Rai v. the State of Bihar

Patna HC25 Nov 2022CR. MISC./45519/2022

Case brief

AI extract

What is this about?

In an oral order, this court granted bail to the petitioner in connection with offences under Sections 147, 148, 149, 353, 332, 333, 307, and 224 IPC, considering his clean antecedents, the stage of the trial, and lack of specific allegations against him.

What did the court decide?

Release of the petitioner on bail with a bond of Rs. 10,000 secured by two sureties of like amount.

Kanchan Ray @ Kanchan Rai Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45519 of 2022

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Arising Out of PS. Case No.-165 Year-2021 Thana- GANGABRIDGE District- Vaishali

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======================================================

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KANCHAN RAY @ KANCHAN RAI Son of Suhag Ray Resident of Village - Litiyahi, P.s.- Raghopur (Rustampur OP), Distt.- Vaishali at Hajipur.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anish Chandra For the Opposite Party/s : Mr.Binod Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 25-11-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 165 of 2021, registered for the offences punishable under Sections 147, 148, 149, 353, 224, 225, 332,333, 307, 504 of the Indian Penal Code.

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As per prosecution case, on receipt of secret information, the police party started for conducting a raid against bootleggers. On suspicion, a four wheeler and a motorcycle were stopped and apprehended. The persons travelling in four wheeler and riding the motorcycle called out their accomplices indulging in trade of illicit liquor and

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Patna High Court CR. MISC. No.45519 of 2022(2) dt.25-11-2022 2/3

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assaulted the police party with lathi, danda, bricks and stones. The informant was assaulted on his head with an iron rod causing serious injuries to him. Petitioner is one among them who are alleged to be party to the occurrence.

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Learned counsel for the petitioner submits that petitioner is in custody since 13.05.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that there is no specific allegation against the petitioner. Allegation against the petitioner is general and omnibus. He further submits that co-accused Jitendra Rai and Suhag ray have already been granted bail vide Cr. Misc. No. 3600 of 2022 and Cr. Misc. No. 41546 of 2022 respectively by co-ordinate bench of this court and the case of present petitioner stands on similar footing.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, no specific overt-act against the petitioner and co-accused have been granted bail by co-ordinate bench, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood

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Patna High Court CR. MISC. No.45519 of 2022(2) dt.25-11-2022 3/3

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of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 165 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(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.

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(Alok Kumar Pandey, J)

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vashudha/-

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U T

Kanchan Ray @ Kanchan Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kanchan Ray @ Kanchan Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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