Sudhir Ray@Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30538 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- SALIMPUR District- Patna ====================================================== SUDHIR RAY@SUDHIR KUMAR SON OF DASRATH RAY RESIDENT OF VILLAGE- SAIDPUR , P.S- SALIMPUR , DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 506 and 379 of the Indian Penal Code. The informant alleges that on 28.06.2021 at about 11:30 am while he was going to deposit Rs. 1.5 lacs in Central Bank, Geyaspur Branch, when he was intercepted by the accused persons including the petitioner, thereafter, Dasrath assaulted him by lathi causing injury on his head, Indrajeet caught the informant's hand and petitioner Sudhir and Suraj took out Rs. 1.5 lacs from his pocket, further, Falindra started assaulting him by lathi and danda and left him there. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30538 of 2022(2) dt.21-11-2022 2/3 petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the informant and the accused persons including the petitioner are known to each other and that is why the informant has named them in the FIR, it is next submitted that a person who is known would never commit an occurrence and thus would create an evidence against himself, it is next submitted that even the injury is simple. Further, it is submitted that if what has been alleged with regard to assault is true then definitely the informant could have been taken to hospital for treatment but from perusal of the FIR, it would manifest that the same is based on written application of the informant which also creates doubt with regard to the veracity of the allegation of assault. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.30538 of 2022(2) dt.21-11-2022 3/3 is pending/successor court in connection with Salimpur P.S. Case No. 92 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T