Amarnath Ray @ Jokhan Ray And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13938 of 2019 Arising Out of PS. Case No.-539 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

AMARNATH RAY @ JOKHAN RAY, Son of Late Veerchandra Ray Resident of Village - Lalpokhar Dighi, P.S.- Sadar Hajipur, Distt.- Vaishali 2.

Praduman Ray, Son of Jagarnath Ray Resident of Village - Lalpokhar Dighi, P.S.- Sadar Hajipur, Distt.- Vaishali 3.

Vikash Kumar, Son of Jagarnath Ray Resident of Village - Lalpokhar Dighi, P.S.- Sadar Hajipur, Distt.- Vaishali 4.

Bhonu Kumar, Son of Jagarnath Ray Resident of Village - Lalpokhar Dighi, P.S.- Sadar Hajipur, Distt.- Vaishali ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Ms.Rina Sinha For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Sadar Hajipur P.S. Case No. 539 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 353, 332, 333, 307, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per FIR is that police on information that wine was being carried raided the place and the villagers surrounded the police party and started pelting stones on them and one co-accused made firing and petitioners are named in the FIR.

Patna High Court CR. MISC. No.13938 of 2019(3) dt.30-04-2019 2/3 Submission of learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners stating that when the police arrived at the place of occurrence, Chaukidar has informed them that petitioner Nos. 2 to 4, who are son of Jagarnath Ray, are engaged in liquor business.

Having heard both sides and in the facts and circumstances, let petitioner No.1, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released 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 the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sadar Hajipur P.S.Case No. 539 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. So far petitioner Nos. 2 to 4 are concerned, they should surrender and make prayer for regular bail, which shall

Patna High Court CR. MISC. No.13938 of 2019(3) dt.30-04-2019 3/3 be considered on the basis of materials available on the record. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T