Dinesh Ray Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Dinesh Ray Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Samastipur, subject to cooperation in the trial on each fixed date (personal appearance when a witness attends); Superintendent of Police, Samastipur directed to provide interim security to the informant and his family, with the informant directed to seek permanent security.

Issue for consideration

Whether the petitioner should be granted regular bail in Tajpur (Halai) P.S. Case No. 168 of 2023 (Sections 147, 148, 149, 341, 323, 324, 307, 302, 354B, 504 and 506 IPC), considering the period of custody and progress of the trial. +1 more

Court's answer

Considering the facts and circumstances of the case and the period of custody, the application for regular bail is allowed.

Ratio / Principle

The petitioner is to be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Samastipur.

Key takeaways

Bail is subject to the condition that the petitioner will cooperate in the trial on each and every date fixed, either personally or through his lawyer.ratio¶8
If a witness is in attendance, the petitioner must appear in person.ratio¶9
Since the informant apprehends danger to life and has left the village with his family, the informant is directed to move for grant of permanent security from the concerned authorities.ratio

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.), CR. MISC. No.26096 of 2024, decision dated 25-10-2024: Regular bail granted to Dinesh Ray, accused in Tajpur (Halai) P.S. Case No. 168 of 2023 (District Samastipur) registered under Sections 147, 148, 149, 341, 323, 324, 307, 302, 354B, 504 and 506 IPC. Bail allowed considering the facts and circumstances and the period of custody (in custody since 10.01.2024); charges framed against all accused and one of eight witnesses examined. Bonds of Rs. 10,000/- with two like sureties to the satisfaction of ACJM, 1st, Samastipur; petitioner to cooperate in trial on every date and appear in person when a witness attends. Separately, as the informant apprehends danger to life and has left the village, SP Samastipur directed to provide interim security to the informant and family, and the informant directed to seek permanent security.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26096 of 2024

Arising Out of PS. Case No.-168 Year-2023 Thana- TAJPUR District- Samastipur

====================================================== Dinesh Ray S/o- Sri Jawahar Ray R/o Vill- Banbira, P.S- Tajpur, DistSamastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

8 25-10-2024 Heard learned counsel for the parties.

The petitioner seeks regular bail in connection with

Tajpur (Halai) P.S. Case No. 168 of 2023 registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 354B, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioner and others assaulted the deceased and co-accused Vijay Kumar is said to have specifically hit the deceased.

Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 10.01.2024 having one criminal antecedent in which he is on bail.

Learned A.P.P. has vehemently opposed the prayer

for bail.

Patna High Court CR. MISC. No.26096 of 2024(8) dt.25-10-2024 2/3

The charges has been framed against all the accused persons and out of eight witnesses one witness has been examined after framing of charge.

Considering the facts and circumstances of the case and also considering the period of custody, this application for regular bail is allowed.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1^st , Samastipur in connection with Tajpur (Halai) P.S. Case No. 168 of 2023, subject to the condition that the petitioner will cooperate in the trial on each and every date fixed either personally or through his lawyer.

If a witness is an attendance then the petitioner will appear in person.

The informant apprehends his life in danger and submits that he and his family members have left the village. In these circumstances, the informant is directed to move for grant of security to the concerned authorities who can grant him the permanent security and in the meantime, the Superintendent of Police, Samastipur is directed to provide security to the

Patna High Court CR. MISC. No.26096 of 2024(8) dt.25-10-2024 3/3

informant and his family members.

Let a copy of this order be communicated to the

District Judge, Samastipur and Superintendent of Police, Samastipur through FAX forthwith for compliance of the order.

Mr. Jharkhandi Upadhyay, learned APP for the State will communicate this order personally to the Superintendent of Police, Samastipur.

(Sandeep Kumar, J)

Ranjeet/-

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