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Patna High CourtCR. MISC./44263/2021disposed

Mahendra Ray v. The State Of Bihar

2022-04-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44263 of 2021 Arising Out of PS. Case No.-68 Year-2018 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Mahendra Ray S/O Shiv Balak Ray 2.

Ram Vinay Ray @ Vinay Ray S/O Mahendra Ray 3.

Ramlal Ray @ Kumar S/O Devilal Ray 4.

Ram Udai Ray @ Udai Ray S/O Devi Lal Ray all are Resident Of VillageAdigopalpur, P.S-Bochaha, District-Muzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 379, 504 and 506/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He also relied

Patna High Court CR. MISC. No.44263 of 2021(2) dt.12-04-2022 2/2 upon the judgment in the case of Mahendra Pd. Singh Vs. The State of Bihar 2004 (3) PLJR 491. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

In the facts of the case, petitioners must honour the terms of police bail and appear before the Court without any delay. In case, petitioners appear before the Court below within six weeks then the Court below shall consider his prayer for bail in accordance with law keeping in view the well established principle that a person who is already on bail shall not be denied such privilege unless there is any allegations of misuse etc. With this observation, this application for anticipatory bail is disposed of.

(Anjani Kumar Sharan, J) devendra/- U T