Yogendra Ray @ Bania Ray And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.53246 of 2016 (2) dt.08-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53246 of 2016 Arising Out of PS.Case No. -145 Year- 2016 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================
1. Yogendra Ray @ Bania Ray, son of Late Raghu Nandan Ray,
2. Manish Kumar Ray @ Manish Kumar @ Baiju Ray, son of Bania Roy,
3. Narendra Kuamar @ Narendra Kumar Rai @ Bhoma, son of Bania Roy,
4. Ram Kalyan Roy, son of Surendra Ray,
5. Santosh Kuamar Ray @ Dahaur Rai, son of Late Dev Rai,
6. Baby Devi, D/O of Gango Das.
All residents of village Kursaha, P.S.- Mohiuddinnagar, District Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Sri Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Mohiuddinnagar P.S. Case No. 145 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 504 and 506 of the Indian Penal Code.
The accusation is that when the informant, his father and brothers were engaged for digging the soil for construction of the house, eight persons named in the F.I.R. including the petitioners came there variously armed with weapons and caused assault to the father and younger brother of the informant through butt of the pistol. In the meantime, Bharat Bhushan also snatched
Patna High Court Cr.Misc. No.53246 of 2016 (2) dt.08-12-2016 cash of Rs.25,000/- from the pocket of the father of the informant and handed over to petitioner no. 1 and petitioner no. 3 also snatched the gold chain from Shankar Ram.
Learned counsel for the petitioners submits that, in fact, the informant along with his father and brother started to dig the soil at the land of the petitioners for construction of the house due to that reason hot talk was exchanged between both parties but due to ulterior motive the present case has been lodged with false allegation. It is further submitted that petitioners have no criminal antecedent.
Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-IV, Samastipur, in connection with Mohiuddinnagar P.S. Case No. 145 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T