Ramashankar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18528 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.

RAMASHANKAR RAY Son of Dinbandhu Rai R/v- Rajadih, P.S.- Tariyani, District- Sheohar 2.

GAUTAM RAY Son of Dinbandhu Ray R/v- Rajadih, P.S.- Tariyani, District- Sheohar 3.

BHOLA RAY Son of Dinbandhu Ray R/v- Rajadih, P.S.- Tariyani, DistrictSheohar 4.

DINBANDHU RAY Son of Late Rajmangal Ray R/v- Rajadih, P.S.- Tariyani, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Rai For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.2 & 3, as they have already been arrested by the police, during pendency of this application.

3. Permission is granted.

4. Accordingly, the instant application as against the petitioner nos.2 & 3 is dismissed as withdrawn.

5. Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.1

Patna High Court CR. MISC. No.18528 of 2023(3) dt.20-07-2023 2/3 & 4 only.

6. Heard learned counsel for the rest of the petitioners and learned APP for the State.

7. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 387, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

8. As per the prosecution case, petitioners are said to have demanded Rs.50,000/- as a ransom.

9. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners and no person was injured in the present case. He submits that the occurrence took place on 07.10.2022 but the present F.I.R. has been lodged on 13.10.2022 after delay of 6 days and there is no any explanation of it which creates serious doubt about prosecution case. He further submits that petitioner no.1 has got three criminal antecedents and petitioner no.4 has got four criminal antecedents as stated in para-3 of the bail application.

10. Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.18528 of 2023(3) dt.20-07-2023 3/3 11.

Considering the aforesaid facts and circumstances and the fact that no person was injured in the present case, let the petitioners nos.1 & 4, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Tariyani P.S. Case No.301/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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