Abhimanyu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7860 of 2024 Arising Out of PS. Case No.-37 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Abhimanyu Ray S/O Vimal Ray @ Vimal Kumar Roy Village- Bikrampur, Ps. Tajpur (HALAI O.P.), Dist. Samastipur.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 447, 341, 323, 307, 354(B), 379, 504, 506 of the Indian Penal Code.

Prosecution case in nutshell is that while the informant was wedging pole in her land, petitioner along with other co-accused persons, armed with sickle, iron rod and lathi, came there. Co-accused Sunil Ray and the petitioner assaulted the informant's son by means of

Patna High Court CR. MISC. No.7860 of 2024(2) dt.17-02-2024 2/3 sickle due to which he sustained head injuries. When the husband of informant came to his rescue, he was also assaulted by co-accused persons due to which he also sustained head injuries. It is further alleged that informant was assaulted by co-accused Vimal Ray due to which she sustained head injuries. Co-accused Shambhu outraged her modesty and co-accused Aruna took Rs. 5,000/- from the pocket of informant's husband and coaccused Nilam took her Jitia. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and both parties sustained injuries as alleged in separate occurrence. Moreover, the petitioner is languishing in judicial custody since 06.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.7860 of 2024(2) dt.17-02-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tajpur (Halai O.P.) P.S. Case No. 37 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Samastipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T