Subodh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45597 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.
Subodh Ray Son Of Ram Udesh Ray @ Ramudeshya Ray Resident Of Village- Hattanpur, Ps- Shahpur, Patori, Distt- Samastipur 2.
Gandhi Kumar Ray @ Gandhi Kumar Son Of Subodh Ray Resident Of Village- Hattanpur, Ps- Shahpur, Patori, Distt- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary :
Mr. Alok Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant.
2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 504, 506, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.
3. As per the prosecution case, all the accused persons including the petitioners are said to have assaulted the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no
Patna High Court CR. MISC. No.45597 of 2023(2) dt.23-08-2023 2/2 specific overt act against the petitioners. He further submits that only on suspicion petitioners have been made accused in the present case. He submits that no person got injury in this case. He further submits that petitioner no.1 has got three criminal antecedent and petitioner no.2 has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State along with learned counsel for the informant opposes the prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Patori P.S. Case No.171 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T