Shambhu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28215 of 2020 Arising Out of PS. Case No.-441 Year-2019 Thana- GORAUL District- Vaishali ============================================== ======== 1.

SHAMBHU RAY S/o Late Satya Narayan Ray Resident of VillageMansurpur, Halaiya, P.S.-Goraul (Kathara O.P.), District-Vaishali at Hajipur.

2.

Chunchun Devi W/o Mintu Ray Resident of Village-Mansurpur, Halaiya, P.S.-Goraul (Kathara O.P.), District-Vaishali at Hajipur. 3.

Dhiraj Ray @ Dhiraj Kumar S/o Shambhu Rai Resident of VillageMansurpur, Halaiya, P.S.-Goraul (Kathara O.P.), District-Vaishali at Hajipur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Anish Chandra, learned counsel for the petitioner and learned APP for the State.

Mr. Anish Chandra, learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner no. 3 as he has been arrested. The application with respect to petitioner no. 3/ Dhiraj Ray @ Dhiraj Kumar is dismissed as having become infructuous.

The petitioner nos. 1 and 2 seek bail in anticipation

Patna High Court CR. MISC. No.28215 of 2020(2) dt.04-12-2020 2/3 of their arrest in connection with Goraul (Kathara O.P.) P.S. Case No. 441 of 2019 dated 24.11.2019 instituted for the offence under Sections 147, 148, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that no specific allegation has been attributed to the petitioners and the allegation is general and omnibus. There is a counter version of the occurrence also in which many persons from the side of the petitioners have sustained injuries.

The details of the F.I.R. lodged from the side of the petitioners is referred to in paragraph -8 of the bail petition.

Considering the fact that the occurrence arose out of a trifle and that there is counter version of the case as well, the petitioner no 1/ Shambhu Ray and petitioner no. 2/Chunchun Devi are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds

Patna High Court CR. MISC. No.28215 of 2020(2) dt.04-12-2020 3/3 of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Goraul (Kathara O.P.) P.S. Case No. 441 of 2019, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T