Ajit Kumar @ Mohan Ray @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37724 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- PATORI District- Samastipur ====================================================== 1.

Ajit Kumar @ Mohan Ray @ Amarjeet Kumar, Male, aged about 30 years, Son of Rudal Ray.

2.

Anuj Kumar, Male, aged about 25 years, Son of Rudal Ray. Both resident of Village - Hetanpur, Dhamaun, P.S.- Patori, DistrictSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-06-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Patori P.S. Case No. 356 of 2018 registered for offences under sections 147, 149, 307, 323, 325, 341, 379, 504 of the Indian Penal Code and later on Section 25(1-b), 26 Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In the present case, an allegation has been made that while the younger brother of the Informant was coming to his native place, the accused persons surrounded him and started causing injury by iron rod as well as by the butt of the pistol.

Patna High Court CR. MISC. No.37724 of 2019(2) dt.24-06-2019 2/3 Further allegation has been made that accused Anuj Kumar took out Rs. 43,000/- from his pocket and further said that they have illegally caught his brother, planted pistol and bottle of wine in his waist and handed took him to the police station. Learned counsel for the petitioners submits that it is completely a concocted story and falsely the petitioners have been implicated in the present case rather the fact is that his brother was in a drunken condition, was fighting with the people, he was caught and brought to the police station in a drunken state with the firearms and, in order to settle the score, the present false case has been lodged.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge, Excise, Samastipur in connection with Patori P.S. Case No. 356 of 2018 (G.R. No. 2542 of 2018), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will

Patna High Court CR. MISC. No.37724 of 2019(2) dt.24-06-2019 3/3 remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T