Dashrath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36799 of 2024 Arising Out of PS. Case No.-84 Year-2021 Thana- BAISI District- Purnia ====================================================== 1.

Dashrath Ray son of Doman Ray Resident of Village- Chopra, Police Station- Baisi, Dist.- Purnea 2.

Ramesh Ray Son of Doman Lal Ray Resident of Village- Chopra, Sadipur, Bhatha, Police Station- Baisi, - Sadipur Batha, Dist.- Purnea 3.

Kichkanya Devi Wife of Ramesh Lal Ray Resident of Villgae- Chopra, Sadipur Bhatha, Police Station- Baisi, Sadipur Batha, Dist.- Purnea 4.

Somani Devi @ Samani Devi Wife of Arbind Ray Resident of VillageAinthi Chopra Ainthi, Police Station- Baisi Sadipur Butha, Dist.- Purnea 5.

Sanjula Devi @ Sambulo Devi Wife of Sundar Lal Ray Resident of VillageChopra, Police Station- Baisi, Dist.- Purnea 6.

Reena Devi Wife of Hiru Ray Resident of Village- Chopra, Sadipur, Bhatha, Police Station- Baisi- Sadipur Batha, Dist.- Purnea 7.

Arati Devi Wife of Manoj Kumar Ray Resident of Village- Chopra Sadipur Bhatha, Police Station- Baisi, Dist.- Purnea 8.

Paramila Devi Wife of Dashrath Ray Resident of Village- Ainthi Chopra Sadipur Butha, Police Station- Baisi, Dist.- Purnea 9.

Arbin Kumar Ay @ Arbin Ray Son of Rambilash Ray Resident of VillageChopra Sadipur Bhatha, Police Station- Baisi, Dist.- Purnea ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rahul Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard learned counsel for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 212, 186, 188, 189, 147, 148, 149, 341, 323, 307, 353, 224, 225, 504, 506 of the Indian Penal Code and 37(c) (2)/45 of Bihar Prohibition and

Patna High Court CR. MISC. No.36799 of 2024(2) dt.26-06-2024 2/3 Excise Act.

3.

As per the FIR, on the basis of a secret information, the informant along with other members of raiding party went to the house of co-accused Manoj Yadav and found that he and others, including the petitioners, were dancing on DJ floor in drunken condition. It is alleged that two persons were caught by the raiding team and they disclosed the name of the petitioners. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. There is no specific overt act against the petitioner. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no incriminating material found or seized from the place of occurrence. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.36799 of 2024(2) dt.26-06-2024 3/3 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Baisi P.S. Case No.84 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T