Pawan Kumar Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3033 of 2018 Arising Out of PS. Case No.-267 Year-2017 Thana- TAJPUR District- Samastipur ======================================================
1. Pawan Kumar Ray son of Chandrawali Ray
2. Uday Kumar Ray @ Uday Ray son of Sitablal Ray
3. Baiju Ray son of Late Pradeep Ray
4. Chandrawali Ray son of Late Pradeep Ray
5. Ankit Kumar Ray son of Baiju Ray
6. Sitablal Ray son of Late Pradeep Ray, all residents of Mohalla/Villagechaklal P.S. Tajpur (Halai) District-Samastipur
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Bhagat For the Opposite Party/s :
Mr. SRI UMESH LAL VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-01-2018 Heard both sides.
All the petitioners herein pray for anticipatory bail in Tajpur (Halai OP) P.S. Case No. 267 of 2017 (Complaint Case No. 1561 of 2017) registered under section 307, 379 and other allied sections of IPC as well as sections 26 and 27 of the Arms Act.
It is submitted that both parties are agnates. Owing to a dispute relating to the land claimed by both parties, the incident had occurred. The allegation against petitioner nos. 3 and 6 being the elder members of the family is of exhorting. Earlier to this, the informant had filed a case in which the petitioners have been privileged with bail. It is
Patna High Court Cr.Misc. No.3033 of 2018(2) dt.16-01-2018 2/3 submitted that there is no specific allegation against petitioner no.4 Chandrawali Ray.
Counsel for the State, on the other hand, submits that petitioner nos. 1,2 and 5 actively participated in the offence inasmuch as they were allegedly armed with fire-arms which they used.
Having regard to the submission made at Bar and on going through the evidence on record, prayer for bail made on behalf of petitioner nos. 1, 2 & 5 stands rejected. They shall surrender and pray for bail.
Let petitioner nos. 3,4 & 6, namely Baiju Ray, Chandrawali Ray and Sitablal Ray respectively, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of ACJM-1 Samastipur in Tajpur (Halai OP) P.S. Case No. 267 of 2017 on condition that one of the bailors of each of the petitioners shall be their own/close family members. As soon as the charges are framed, they shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel their bail bonds and secure their
Patna High Court Cr.Misc. No.3033 of 2018(2) dt.16-01-2018 3/3 arrest in accordance with law.
(Kishore Kumar Mandal, J) HR/- U