Pankaj Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42049 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.
Pankaj Kumar Ray, aged about 28 years, Gender Male, S/o Shambhu Ray R/o village- Ramaiya, P.S.- Mohiuddin Nagar, District- Samastipur 2.
Ram Chandra Ray aged about 58 years, Gender Male, S/o Late Dev Narayan Ray 3.
Akhilesh Kumar Ray @ Aklesh Kumar Ray aged about 24 years, Gender Male, S/o Ram Chandra Ray 4.
Shambhu Ray aged about 50 years, Gender Male, S/o Late Dev Narayan Ray 5.
Rupak Kumar Ray aged about 20 years, Gender Male, S/o Baij Nath Ray 6.
Baij Nath Ray aged about 42 years, Gender Male, S/o Late Dev Narayan Ray 7.
Ajay Kumar Ray, aged about 19 years, Gender Male, S/o Shambhu Ray 8.
Ankaj Kumar Ray @ Angaj Kumar Ray aged about 26 years, Gender Male, S/o Shambhu Ray All resident of village-Ramaiya, P.S.-Mohiuddin Nagar, District- Samastipur ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Bhubneshwar Prasad, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 307, 323, 324, 354, 447, 504 of the Indian Penal Code registered in connection with Mohiuddin Nagar P.S. Case No. 21 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusation of assault is general
Patna High Court CR. MISC. No.42049 of 2019(2) dt.10-07-2019 2/2 and omnibus in nature and no specific accusation of assault has been alleged against the petitioners. The injuries sustained by the injured persons are simple in nature. The petitioners claim clean antecedents.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 21 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/- U T