Pramod Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39510 of 2020 Arising Out of PS. Case No.-349 Year-2020 Thana- MAHUA District- Vaishali ====================================================== 1.

PRAMOD RAY Son of Ajab Lal Ray Resident of Village- Mahua Mukundpur, P.S. Mahua, District- Vaishali.

2.

Lakshman Ray Son of Ajab Lal Ray Resident of Village- Mahua Mukundpur, P.S. Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II, Adv.

Mr.Vijay Anand, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP For the Informant :

Mr.Ranjeet Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-11-2021 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case in connection with Mahua P.S. Case No.349/2020, registered for the offence punishable under Sections 147, 148, 149, 325, 307, 354(B), 380, 448, 427, 504 of the Indian Penal Code. The allegation against the petitioners is that they along with others entered into the house of informant and have

Patna High Court CR. MISC. No.39510 of 2020(5) dt.23-11-2021 2/3 assaulted the informant and his brother by means of farsa and dab. They have also taken away his briefcase in which some ornaments and cash were kept.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence as alleged ever took place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is case and counter-case between the parties. In fact the present case is counter blast of Mahua P.S. Case No.373 of 2020 which was lodged by the informant to save his skin. The informant and others have been granted anticipatory bail in that case. There is land dispute between the parties. Petitioners have no criminal antecedent.

Learned counsel for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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)

Patna High Court CR. MISC. No.39510 of 2020(5) dt.23-11-2021 3/3 each 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 Mahua P.S. Case No.349/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T