Umesh Ray @ Surendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41117 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- BIHTA District- Patna ====================================================== 1.
Umesh Ray @ Surendra Prasad Son Of Tribhwwan Ray Resident Of Village - Neuri, P.S.- Bihta (Neora O.P.), Distt.- Patna. 2.
Arvind Singh @ @ Arvind Kumar Son Of Umesh Singh @ Umesh Sharma Resident Of Village - Neuri, P.S.- Bihta (Neora O.P.), Distt.- Patna. 3.
Sanjay Singh @ Sanjay Kumar Son Of Naresh Singh Resident Of Village - Neuri, P.S.- Bihta (Neora O.P.), Distt.- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiva Shankar Prasad Singh- Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-07-2021 Heard Mr. Shiva Shankar Prasad Singh, the learned Advocate for the petitioners and Mr. Ram Priya Sharan Singh, the learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Bihta (Neora) P. S. Case No.93 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 379, 427, 436, 307, 504 and 506 of the Indian Penal Code.
The petitioners though have been named in the F.I.R. but the accusation is against 35 of the accused persons belonging to the same village namely, Neora.
Patna High Court CR. MISC. No.41117 of 2020(2) dt.24-07-2021 2/3 Though the act of vandalism has been alleged in the subject F.I.R. but so far as the petitioners are concerned, no specific accusation has been levelled against them.
It has been further argued on behalf of the petitioners that the entire village of Neora has been made accused in this case because of the informant suspecting that the encroachment case against him has been lodged at the instance of the villagers of Neora.
The informant, it has been argued, is a land grabber and in the past, on the basis of complaint against him, he had to part with many other plots of land over which he tried to acquire control.
Regard being had to the afore-stated facts and taking into account that the several of the accused persons in this case with similar set of charges against them have been granted anticipatory bail, the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.41117 of 2020(2) dt.24-07-2021 3/3 of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta (Neora) P. S. Case No.93 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) vikash/- U T