Ashok Kumar Ray @ Ashok Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 30382 of 2023 Arising Out of PS. Case No.-120 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.
ASHOK KUMAR RAY @ ASHOK RAY SON OF LATE GHURAN RAY R/O VILLAGE- WARD NO.7, SUKHET, P.S.- JHANJHARPUR, DISTRICT- MADHUBANI 2.
AJAY KUMAR RAY SON OF ASHOK KUMAR RAY @ ASHOK RAY R/O VILLAGE- WARD NO.7, SUKHET, P.S.- JHANJHARPUR, DISTRICT- MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The learned counsel for the petitioners at the outset seeks permission to withdraw the present anticipatory bail application with respect to petitioner no. 2.
3. Permission is accorded.
4. The petitioner no. 1 apprehend his arrest in a case registered for the offences punishable under Sections 143, 341, 323, 308, 324, 379, 447, 504 and 506 of the Indian Penal Code.
5. The informant alleges that on account of
Patna High Court CR. MISC. No. 30382 of 2023(2) dt.26-07-2023 2/3 previous dispute an altercation took place in which it is alleged that six named accused persons including the petitioners came variously armed and started abusing the informant and on protest the accused assaulted him with slap and punches, it is next alleged that petitioner no. 2 bite the cheek of the informant and also assaulted him with knife causing injury on his leg.
6. The learned counsel for the petitioner no. 1 submits that petitioner no. 1 is a person with clean antecedent and has been falsely implicated in the present case, it is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that no specific allegation of committing any overt act is alleged against the petitioner no. 1.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner no. 1.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioner no. 1, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No. 30382 of 2023(2) dt.26-07-2023 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhanjharpur P.S. Case No. 120 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T