Sakindra Ray @ Butta Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45829 of 2024 Arising Out of PS. Case No.-879 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Sakindra Ray @ Butta Ray Son of Kapil Ray R/O Vill.- Jarua Minapur, P.S.- Town, Dist.- Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard Mr. Ajay Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 379, 354, 504, 506 & 447 of the Indian Penal Code.

3. The allegation against the petitioner is of hitting the injured person with iron rod and of causing injury.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that the allegations made in the FIR are all wrong, false and baseless. This false and concocted case has been lodged only with a view to save their skin from Hajipur Town P.S. Case No.863 of 2023 lodged by the petitioner's side against the husband of the

Patna High Court CR. MISC. No.45829 of 2024(2) dt.24-07-2024 2/2 informant and others. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is inordinate and abnormal delay of ten days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Hajipur (Town) P.S. Case No. 879 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T