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Patna High CourtCR. MISC./28856/2022allowed

Ravindra Ray @ Ravindra Kumar v. The State Of Bihar

2022-09-08Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28856 of 2022 Arising Out of PS. Case No.-467 Year-2021 Thana- DESARI District- Vaishali ====================================================== RAVINDRA RAY @ RAVINDRA KUMAR SON OF RAM PRIT RAY R/O VILLAGE- NAYAGAON BARIYARPUR, P.S.- DESRI, DISTRICTVAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP Mr.Surendra Kishore Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. As prayed for, learned counsel for the petitioner is permitted to make necessary correction in para-1 of this application, in course of the day.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 379, 307, 504, 506/34 IPC. Allegedly, on the order of co-accused Ram Prit Ray, Dharmendra Kumar Ray assaulted by means of iron rod on the

Patna High Court CR. MISC. No.28856 of 2022(2) dt.08-09-2022 2/3 head of informant's mother. It is alleged that thereafter, all the accused persons also her by lathi, danda and iron rod. When his father came for rescue, they assaulted him.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that this case is counter blast of Desri P.S. Case No.468/2021, registered by the brother of petitioner against the informant and his family members. The injuries are simple in nature. Petitioner has one criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act levelled against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.28856 of 2022(2) dt.08-09-2022 3/3 below where the case is pending/Successor Court in connection with Desri P.S. Case No.467 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T