Shiv Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9985 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== 1.
SHIV KUMAR RAY Son of Raj Ballabh Ray R/o Village - Shivnagar, Ward No.- 15, P.S.- Jurawanpur, Dist.- Vaishali.
2.
Sanoj Kumar Ray @ Sanoj Ray Son of Shiv Kumar Ray R/o Village - Shivnagar, Ward No.- 15, P.S.- Jurawanpur, Dist.- Vaishali. 3.
Hareram Ray @ Hareram Kumar Son of Shiv Kumar Ray R/o Village - Shivnagar, Ward No.- 15, P.S.- Jurawanpur, Dist.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Jurawanpur PS Case No. 158 / 2022 dated 13.10.2022 registered under Section 147 / 148 / 341 / 323 / 504 / 506 / 307 / 379 / 34 of the IPC.
As per the FIR the petitioners along with other accused persons entered into the house of the informant abused and assaulted the informant, his mother and also snatched
Patna High Court CR. MISC. No.9985 of 2023(2) dt.19-05-2023 2/3 golden chain from the mother of the informant and other accused persons assaulted with the help of the butt of the pistol on the head of wife of the informant.
Learned counsel for the petitioners submits that allegation against the petitioners is general and omnibus in nature, both the parties are co-villagers and there is previous land dispute between them. Learned counsel next submits that from perusal of the impugned order it appears that prosecution did not bring on record the injury report of the victim and no serious injury has been caused to the side of the informant. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are co-villagers having land dispute between them, the injury report has not been brought on record and allegation against the petitioners is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. III, Vaishali at Hajipur in connection with Jurawanpur
Patna High Court CR. MISC. No.9985 of 2023(2) dt.19-05-2023 3/3 PS Case No. 158 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T