Dilip Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30407 of 2020 Arising Out of PS. Case No.-249 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

DILIP RAY, S/O Late Binda Ray R/O Village - Dighi Khurd, P.S. - Hajipur Sadar, District - Vaishali.

2.

Bhola Ray @ Rajkishor Ray, S/O Dilip Ray R/O Village - Dighi Khurd, P.S. - Hajipur Sadar, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vinod Ray, W/O Late Mahavir Ray R/O Village - Dighi Khurd, P.S. - Hajipur Sadar, District - Vaishali.

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2020 Heard Mr. Dharmendra Kumar Paswan, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Hajipur Sadar P. S. Case No. 249 of 2020 dated 19.04.2020, instituted for the offences under Sections 147, 148, 149, 307, 323, 324, 337, 341, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

It has been alleged in the F.I.R. that the

Patna High Court CR. MISC. No.30407 of 2020(2) dt.18-12-2020 2/3 prosecution party were assaulted by the accused persons. In fact, firing was also resorted to, injuring one of the associates of the informant. The informant and many others seem to have been injured in the occurrence.

However, the learned counsel for the petitioners drew the attention of this Court to the fact that though the petitioners have been named in the F.I.R. but there is no allegation of any overt act against them. All that has been alleged against the petitioners is that they were also members of the mob.

It has also been submitted on behalf of the petitioners that the case has been lodged because of a land dispute and is an off-shoot of a case namely Hajipur Sadar P. S. Case No. 250 of 2020 which was filed by one Ashok Rai against the informant and his family members.

The petitioners are persons of clean antecedents.

Patna High Court CR. MISC. No.30407 of 2020(2) dt.18-12-2020 3/3 Regard being had to the afore-stated facts, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P. S. Case No. 249 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T