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Patna High CourtCR. MISC./34890/2024allowed

Surendra Ray v. The State Of Bihar

2024-07-12Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34890 of 2024 Arising Out of PS. Case No.-163 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1.

Surendra Ray S/o Saryug Ray, R/o Village- Kanhauli Bisanpur Parasi, P.SMahua, Distt.- Vaishali. 2.

Pappu Kumar @ Pappu Ray S/o Devendra Ray, R/o Village- Kanhauli Bisanpur Parasi, P.S- Mahua, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pranoy Kumar, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Mahua P.S. Case No.163 of 2022 instituted under Sections 341, 323, 324, 379, 504, 354(B), 506, 34 & 307 of the Indian Penal Code.

3. As per the prosecution case, altogether 32 persons assaulted the informant, his wife and other family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to village politics. He further submits that there is case and counter case between the parties and the entire prosecution

Patna High Court CR. MISC. No.34890 of 2024(2) dt.12-07-2024 2/2 case is false and concocted. Learned counsel submits that similarly situated co-accused persons have already been granted bail by this Court vide order dated 13.09.2023 passed in Cr. Misc. No.57686 of 2023. He further submits that petitioners have one criminal antecedent, which was brought on record by way of supplementary affidavit.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No.163 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T