Ramayan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26971 of 2025 Arising Out of PS. Case No.-739 Year-2024 Thana- GARKHA District- Saran ====================================================== 1.

Ramayan Ray son of Late Ginni Ray R/O VILL-NARAYANPUR, PSGARKHA, DIST-SARAN, BIHAR 2.

Shambhu Ray @ Shambhu Sharan Pratap Son of Late Ginni Ray R/O VILLNARAYANPUR, PS-GARKHA, DIST-SARAN, BIHAR 3.

Niku Kumar Ray @ Niku Ray son of Ramayan Ray R/O VILLNARAYANPUR, PS-GARKHA, DIST-SARAN, BIHAR 4.

Amit Kumar @ Amit Ray son of Ramayan Ray R/O VILL-NARAYANPUR, PS-GARKHA, DIST-SARAN, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Brajesh Sahay, Advocate Mr. Arif Daula Siddiquie, Advocate For the State :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. After some arguments, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this anticipatory bail application on behalf of Petitioner No. 1, namely Ramayan Ray.

3. Permission, as prayed for, is accorded.

4. Accordingly, this anticipatory bail application on behalf of Petitioner No. 1 is dismissed as withdrawn.

5. Petitioner Nos. 2, 3 and 4 apprehend their arrest in

Patna High Court CR. MISC. No.26971 of 2025(2) dt.06-05-2025 2/3 a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 3(5) of the B.N.S..

6. As per prosecution case, informant, namely Vinay Kumar, alleged that on 02.12.2024 at about 9:30 AM, while he was going to school, in the meantime, all these accused petitioners, surrounded him and started abusing. It is further alleged that co-accused Ramayan Ray assaulted on head of informant by means of iron rod and Petitioner No. 3 assaulted on neck of informant by means of knife and thereafter, all the accused persons snatched Rs. 50,000/- cash from pocket of informant.

7. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of old land dispute between the parties, a maar-peet took place for which co-accused Ramayan Ray lodged a case bearing Garkha P.S. Case No. 740 of 2024 against informant and others and the present case is counter-blast of the aforesaid case. It is further submitted that injuries, allegedly caused by co-accused Ramayan Ray, has been found to be grievous in nature. So far as these petitioners are concerned, there is general and omnibus allegations. Rest of the allegations are ornamental in order to

Patna High Court CR. MISC. No.26971 of 2025(2) dt.06-05-2025 3/3 make the case grievous.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

9. Considering the nature of accusation and case and counter-case between the parties, the prayer for grant of anticipatory bail to Petitioner Nos. 2, 3 and 4 is allowed.

10. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 2, 3 and 4 be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, District- Saran in connection with Garkha P.S. Case No. 739 of 2024, subject to conditions as laid down under Section 482(2) of the B.N.S.S..

11. With the aforesaid directions, this application stands disposed of.

(Prabhat Kumar Singh, J) shashank/- U T