Shibji Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8890 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== SHIBJI RAY SON OF LATE SARUP RAY R/O VILLAGE- SAURATH UTTARWARI TOLE, P.S.- RAHIKA, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 354, 504/34 of the IPC.

Allegedly, all the F.I.R. named accused persons including the petitioner are said to have assaulted the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that earlier the petitioner's side have filed a case against the informant which is annexed at

Patna High Court CR. MISC. No.8890 of 2023(2) dt.18-04-2023 2/2 Annexure-2 of the bail application. Thereafter, the present case was filed by the informant. In the alleged occurrence, both sides have sustained injuries and informant's side has sustained simple injuries, which is clear from the impugned order itself. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rahika P.S. Case No.215/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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