Vishwanath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23661 of 2024 Arising Out of PS. Case No.-483 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Vishwanath Ray Son of Hari Ray Residet of Village- Jamira, P.S.- Ara Muffasil, District- Bhojpur 2.

Ranjit Ray Son of Vishwanath Ray Residet of Village- Jamira, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malti Kumari, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners as well as learned A.P.P. for the State and learned counsel for the informant.

2. At the very outset, learned counsel for the petitioners submits that during the pendency of the anticipatory bail application, petitioner no. 2, namely, Ranjit Ray has been arrested.

3. Learned counsel for the petitioner no. 2 wants to withdraw this application so far as it relates to petitioner no. 2.

4. Considering the aforesaid facts and circumstances, this anticipatory bail application so far as it relates to petitioner no. 2, namely, Ranjit Ray is dismissed as withdrawn.

Patna High Court CR. MISC. No.23661 of 2024(4) dt.19-07-2024 2/3

5. The petitioner no. 1 apprehends arrest in connection with G.R. No. 6504 of 2023 arising out of Muffasil P.S. Case No. 483 of 2023 dated 13.11.2023, instituted for the offence punishable under Sections 147, 148, 149, 323, 341, 325, 307, 379, 427 of the Indian Penal Code and Section 27 of the Arms Act.

6. The allegation against petitioner no. 1, is that he along with others fired upon the informant and his family members with country made pistol, which hit son of the informant, thereafter, he was taken to hospital for treatment.

7. Learned counsel for the petitioner no. 1 submits that the petitioner no. 1 is innocent and he has been falsely implicated in this case. It is submitted that there is no specific allegation against the petitioner no. 1 rather it is general and omnibus allegation. It is submitted that petitioner no. 1 and the informant are agnates and there is admitted land dispute between the parties. It is further submitted that other co-accused persons, namely, Amit Ray @ Amit Kumar and Prem Sagar @ Prem Sagar Kumar have been granted bail by this Court vide order dated 18.03.2024 passed in Criminal Miscellaneous No. 17790 of 2024. Lastly, it has been submitted that he has no criminal antecedent.

Patna High Court CR. MISC. No.23661 of 2024(4) dt.19-07-2024 3/3

8. On the other hand, learned counsel for the informant vehemently opposed he prayer for bail and submitted that all the accused persons assaulted the informant's side and informant's side also received injuries.

9. Learned A.P.P. also opposed the prayer for bail of the petitioner no. 1.

10. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner no. 1, namely, Vishwanath Ray within a period of six weeks from today, in connection with G.R. No. 6504 of 2023 arising out of Muffasil P.S. Case No. 483 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIIth, Bhojpur, Ara, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) prabhat/- U T