Yogendra Ray @ Yogendra Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38097 of 2023 Arising Out of PS. Case No.-976 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== YOGENDRA RAY @ YOGENDRA KUMAR RAY Son of Late Indradev Ray Resident of Village - Nirbhay Dihara, P.S.- Sikrahatta, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rang Nath Choubey For the Opposite Party/s :
Mr. Rajendra Prasad Nat Mr. Mukesh Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard the parties.
2.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302/120B, 34 of the Indian Penal Code and 27 of Arms Act.
3.
Allegedly, the petitioner and other co-accused persons went to the house of the informant. It is alleged that the petitioner gave order to fire upon the informant and as a result of which co-accused Bal Bhagwan fired upon the father of informant.
4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation
Patna High Court CR. MISC. No.38097 of 2023(2) dt.01-08-2023 2/3 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The petitioner is the maternal uncle of the informant and there is some old dispute between the parties. Petitioner has no criminal antecedent.
5.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. 6.
Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nawada P.S. Case No.976 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further subject to the following conditions:
(i) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.38097 of 2023(2) dt.01-08-2023 3/3 (ii) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (iii) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.
(Anjani Kumar Sharan, J) shikha/- U T