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Patna High CourtCR. MISC./29718/2023bail granted

Lal Kishun Ray v. The State Of Bihar

2023-07-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29718 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Lal Kishun Ray S/O Late Jagan Ray @ Late Ashrafi Ray R/O VillageHakikatpur, P.S- Awtarnagar, Distt.- Saran. 2.

Rajesh Ray S/O Lal Kishun Ray R/O Village- Hakikatpur, P.S- Awtarnagar, Distt.- Saran.

3.

Naresh Ray @ Naresh @ Ram Naresh Ray S/O Lal Kishun Ray R/O Village- Hakikatpur, P.S- Awtarnagar, Distt.- Saran. ... ... Petitioners

Versus

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

For the Petitioner/s ;

Mr. Krishna Prasad Singh, Sr. Adv.

:

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023

1. Heard learned senior counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 323, 324, 341, 379, 147, 148, 504 and 506 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, all the accused persons armed with sword, lathi, spade and pistol are said to have assaulted the informant and his brother.

4. Learned senior counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that from perusal of

Patna High Court CR. MISC. No.29718 of 2023(2) dt.13-07-2023 2/2 injury report of informant and his brother, it appears that they have sustained simple injuries. He submits that there is case and counter case between the parties. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that the injuries found upon the victims are simple in nature, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Awtarnagar P.S. Case No.249/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T