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Patna High CourtCR. MISC./4855/2023allowed

Shambhu Ray v. The State Of Bihar

2023-02-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4855 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== SHAMBHU RAY Son of Panchu Ray R/V- Terasiya P.S- Ganga Bridge DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner seeks permission to correct the paragraph no.1 of the bail application. Permission is granted. He is directed to correct the same in course of the day.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 341, 324, 326, 323, 307, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus

Patna High Court CR. MISC. No.4855 of 2023(2) dt.10-02-2023 2/2 allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that there is specific overt act against the co-accused Gauri Rai and Anju Devi to assaulted the informant and his wife. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ganga Bridge P.S. Case No.128/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T