Upendra Ray @ Chandan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9542 of 2022 Arising Out of PS. Case No.-133 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Upendra Ray @ Chandan Ray Son of Mahendra Ray Resident of VillageManachak, P.S.- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Koilwar P.S. Case No.133 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 386, 387, 307, 406 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in short, is that in Kamaluchak Son Diyara in a fight for dominance over extraction of sand and extortion of money thereof firing was exchanged by three groups and in this firing one tractor driver has received bullet injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is general and omnibus

Patna High Court CR. MISC. No.9542 of 2022(2) dt.02-08-2022 2/2 allegation against the petitioner and similarly situated other coaccused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 25.04.2022, passed in Cr. Misc. No.57937 of 2021. It is lastly submitted that the petitioner has got no criminal antecedent. The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that similarly situated other co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No.133 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T