Mahendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18663 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

MAHENDRA RAY Son of Jatai Ray Resident of Village - Litiyahi, P.S.- Raghopur (Rustampur O.P.), Dist. - Vaishali 2.

Jatai Ray Son of Bholu Ray Resident of Village - Litiyahi, P.S.- Raghopur (Rustampur O.P.), Dist. - Vaishali 3.

Satish Kumar Son of Mahendra Ray Resident of Village - Litiyahi, P.S.- Raghopur (Rustampur O.P.), Dist. - Vaishali 4.

Kunal Ray @ Kunal Kumar Son of Upendra Ray Resident of Village - Litiyahi, P.S.- Raghopur (Rustampur O.P.), Dist. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/447/504/506 and other ancillary sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons including the petitioners and three unknown persons abused the informant and assaulted him with the butt of pistol.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.18663 of 2023(3) dt.20-06-2023 2/2 that the petitioners are innocent and have falsely been implicated in this case. As a matter of fact, parties are covillagers and due to long standing land dispute, they have falsely been implicated in this case. Allegation of assault is general against the petitioners and no specific overt act has been alleged against them. Moreover, parties have compromised the matter and have filed compromise petition in the Court below. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class Vaishali at Hajipur in Raghopur (Rustampur OP) Police Station Case No. 296/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T