Allowed

Ramashish Ray @ Ramashish Rai v. the State of Bihar

Patna HC10 Nov 2023CR. MISC./50440/2023

Case brief

AI extract

What is this about?

Single judge of Patna High Court allowed bail application moving for release of petitioner charged in a case involving assault at a death ritual occasion, wherein an aunt died, considering the petitioner's medical disability and lack of consistent incriminating material.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing bond of Rs. 10,000/- with two sureties of the like amount.

Ramashish Ray @ Ramashish Rai Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 50440 of 2023

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Arising Out of PS. Case No.-306 Year-2023 Thana- MAHUA District- Vaishali

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

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RAMASHISH RAY @ RAMASHISH RAI Son of Late Sohan Ray Resident of village - Saidpur, P.S. - Mahua, distt. - Vaishali

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Gajendra Kumar Singh For the Opposite Party/s : Mr.Anil Prasad Singh

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

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 10-11-2023

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned APP for the State.

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The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 341, 323, 324, 307, 379, 427, 302, 504 and 506 of the Indian Penal Code.

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As per allegation in the FIR, informant was engaged in performing the death rituals of his mother, in the meantime, 18 named accused persons including the petitioner came there and assaulted him. His aunt Shakunti Devi and his bhabhi came there to rescue him. Accused persons also assaulted his aunt as a result of which she became unconscious and fell down and during course of treatment, she died. It is further alleged that accused persons snatched Rs. 30,000/- from the pocket of the informant and snatched gold ornaments from his bhabhi.

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Patna High Court CR. MISC. No. 50440 of 2023(5) dt.10-11-2023 2/3

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It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Both parties are agnates and land dispute of passage is going on between them. In fact, aunt of the informant died a natural death as she was a very old lady of 80 years.. Doctor has not found any external injury on the body of the deceased even not given any finding about cause of death. Petitioner is differently able person with 45 % disability of leg and he is unable to walk without stick support. The alleged occurrence took place at the spur of moment. Petitioner was not having any intention to kill anyone. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Petitioner is languishing in judicial custody since 17.05.2023.

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The application for bail is opposed by learned APP for the State.

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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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the Judicial

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Patna High Court CR. MISC. No. 50440 of 2023(5) dt.10-11-2023 3/3

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magistrate 1^st Class, Vaishali at Hajipur in connection with Mahua PS Case No. 306 of 2023.

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(Sunil Kumar Panwar, J)

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sushma/-

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Ramashish Ray @ Ramashish Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ramashish Ray @ Ramashish Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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