Asharafi Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34461 of 2021 Arising Out of PS. Case No.-202 Year-2020 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.
Asharafi Ray Son Of Late Nannu Lal Ray Resident Of Village- Simari, P.S.- Vidyapatti Nagar, District- Samastipur.
2.
Shatrughan Ray Son Of Late Nannu Lal Ray Resident Of Village- Simari, P.S.- Vidyapatti Nagar, District- Samastipur. 3.
Mantun Kumar @ Mantun Ray Son Of Ram Padarath Ray Resident Of Village- Simari, P.S.- Vidyapatti Nagar, District- Samastipur. 4.
Ram Padarath Ray Son Of Late Nannu Lal Ray Resident Of Village- Simari, P.S.- Vidyapatti Nagar, District- Samastipur. 5.
Mukesh Kumar Ray @ Mukesh Ray Son Of Ram Padarath Ray Resident Of Village- Simari, P.S.- Vidyapatti Nagar, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Roy, Adv.
For the Opposite Party/s :
Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2022 Earlier prayer for bail with regard to petitioner nos. 2 and 4 was dismissed as withdrawn.
Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 307, 323, 341, 504 of the Indian Penal Code and Section 27 of the Arms Act.
Prosecution case is that all petitioners who are patidar of the informant came and on the order of Ram Sevak Ray,
Patna High Court CR. MISC. No.34461 of 2021(4) dt.02-02-2022 2/3 Subodh Ray fired with his gun which hit informant's Tarjani of right hand.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is specific allegation against co-accused Subodh Ray who fired upon the informant. Ram Sevak Ray is the order giver in the present case. He submits that there is general and omnibus allegation levelled against the petitioners.
Considering the facts that there is general and omnibus allegation against the petitioners, the above named petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Vidyapati Nagar P.S. Case No. 202 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T
Patna High Court CR. MISC. No.34461 of 2021(4) dt.02-02-2022 3/3