Satyendra Ray @ Sikindar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34570 of 2020 Arising Out of PS. Case No.-201 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== SATYENDRA RAY @ SIKINDAR KUMAR, S/o Chandra Deep Ray, R/o village- Saifpur, P.S.- Ganga Bridge, Distt.- Vaishali ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Tej Kumar Maharaj, Adv.
For the State :
Mr. Anita Kumari, APP For the Infomant :
Mr. Mukesh Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 11.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.
Heard Mr. Tej Kumar Maharaj, learned counsel for the petitioner, Mr. Mukesh Kumar, learned counsel for the informant, and learned Additional Public Prosecutor for the state.
The petitioner seeks pre-arrest bail in connection with Ganga Bridge P.S. Case No. 201 of 2019, registered under Section 302/34 of the Indian Penal Code.
The accusation is that in the evening of 15.12.2019, eight persons, named in the first information report, including the petitioner, Satyendra Ray, and 3 to 4 unknown persons, having lathi, phatta, pistol, gun in their hands, came at the door
Patna High Court CR. MISC. No.34570 of 2020(2) dt.19-03-2021 2/3 of informant, Rita Devi, and made query about her husband, Sanjay Rai, then, informant replied that her husband is not at the house. In the meantime, Ravi Kumar, brother-in-law of the informant, came out from the house and made query from them about search of his brother, then, Amod Rai, Manoj Rai, Mithilesh Rai and Jitendra Rai, through pistol, started indiscriminate firing in which Ravi Kumar, brother-in-law of the informant, sustained injury. At that time, all had given threatening to the villagers to not come there, while Ravi Kumar, brother-in-law of the informant, was rushed at Sadar Hospital, Hajipur, but he was declared dead.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the first information report that while eight persons are named in the first information report, including the petitioner, and 3 to 4 unknown persons, but, specific allegation is against Amod Rai, Manoj Rai, Mithilesh Rai and Jitendra Rai to shot fire at the deceased, the petitioner, being the brother of Jitendra Rai, has falsely been implicated in this case without any overt act due to dirty village politics. The petitioner has no criminal antecedent. On the other hand, the learned counsel appearing for the informant, submits that while there is no allegation of any
Patna High Court CR. MISC. No.34570 of 2020(2) dt.19-03-2021 3/3 overt act against the petitioner, but, he was the member of the mob.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Ganga Bridge P.S. Case No. 201 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Vaishali at Hajipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T