Akhilesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33094 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.
AKHILESH RAY S/O RAGHUNATH RAY R/O VILLAGE- SABALPUR CHAI TOLA, P.O AND P.S- SONPUR, DISTT.- SARAN. 2.
RAMESH RAY S/O MANAGER RAY R/O VILLAGE- SABALPUR CHAI TOLA, P.O AND P.S- SONPUR, DISTT.- SARAN.
3.
GORAKH THAKUR S/O LATE SAGUNI THAKUR R/O VILLAGESABALPUR CHAI TOLA, P.O AND P.S- SONPUR, DISTT.- SARAN. 4.
TINKU THAKUR S/O LATE DASAI THAKUR R/O VILLAGESABALPUR CHAI TOLA, P.O AND P.S- SONPUR, DISTT.- SARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Singh, Adv.
For the Opposite Party/s :
Md. Ataur Rahman, APP Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 448, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that all the accused persons along with these petitioners and 3-4 unknown persons armed with weapons entered the house of the informant and assaulted him and his family members.
Patna High Court CR. MISC. No.33094 of 2024(3) dt.02-08-2024 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The specific allegation of knife blow is against the co-accused, Rahul Thakur. The petitioners have no concern with the alleged offence. The similarly situated co-accused persons have been granted regular bail by this Court vide order dated 04.08.2023 in Cr. Misc. No. 49103 of 2023. The petitioner nos. 1 and 2 have two criminal antecedents in which they are on bail, the petitioner no.3 has one criminal antecedent in which he is on bail and petitioner no.4 has three criminal antecedents in which he is on bail as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran in connection with Sonpur P.S. Case No. 238
Patna High Court CR. MISC. No.33094 of 2024(3) dt.02-08-2024 3/3 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T