Mahesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37856 of 2024 Arising Out of PS. Case No.-503 Year-2023 Thana- AMARPUR District- Banka ====================================================== Mahesh Ray Son of Sarju Ray Resident of village - Maltariya, P.O.- Tetariya, P.S.- Katoriya, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Pandey, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Amarpur (Fullidumar) P.S. Case No.503 of 2023 under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against 6 named accused persons excluding the petitioner against whom there is allegation that suspicion has been shown against 6 named accused persons by the informant in this case that they may kill the informant's husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that in the F.I.R., there are specific name disclosed that six persons have involved in commission of the said crime i.e., murder of the informant's husband.

Patna High Court CR. MISC. No.37856 of 2024(2) dt.10-07-2024 2/2

5. Counsel also submits that the three co-accused persons have been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 72925/2023.

6. Counsel also submits that antecedent of the petitioner is clean and petitioner is not named in the F.I.R.

7. Learned APP for the State opposes the prayer for bail and submits that the petitioner is not named in the F.I.R.

8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No.503 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T