Sanjay Ray @ Sanjay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.597 of 2018 Arising Out of PS.Case No. -580 Year- 2017 Thana -DANAPUR District- PATNA ======================================================

1. SANJAY RAY @ SANJAY KUMAR, S/o Vijay Ray,

2. Vijay Ray @ Vijay Kumar, S/o Late Kishun Ray, Both resident of Mohalla- Nasriganj, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2018 Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners seek anticipatory bail in connection with Danapur PS case no. 580 of 2017 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. The allegation of the informant is that the petitioners and other accused persons were committing theft of the machinery from the factory of Ripal Energy Indian Pvt. Limited. The learned counsel for the petitioners submits that the petitioners are innocent and there is a dispute regarding tenancy which is going on in between the factory owner, who is the tenant and the petitioners herein who are the landlord. It is further submitted that the prosecution is adopting a pressure tactics so that

Patna High Court Cr.Misc. No.597 of 2018 (3) dt.16-01-2018 2/2 the petitioners and other accused persons do not engage in eviction of the factory owner. It is further submitted that earlier also the factory owner had filed a case against the petitioners herein, however, the petitioners were granted bail in the said case. It appears from the office report that the accused persons have been granted regular bail.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks before the concerned court, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur, Patna in connection with Danapur PS case no. 580 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T