Shadhu Ray @ Sadhu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46945 of 2024 Arising Out of PS. Case No.-1201 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Shadhu Ray @ Sadhu Ray S/O Late Timan Ray @ Timal Ray R/O Villagejaisinghpur,Betiahdih,P.S.-Turkauliya,Distt-East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 1201 of 2022 registered for the offences punishable under Sections 341, 147, 323, 354, 379, 307, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, there is allegation against petitioner and others that they tied the mouth of the informant and took away Rs. 20,000/- from his cash box and broke the glass of his shop and also tried to kill him. It is further alleged that co-accused Ramji Rai assaulted informant by means of dabia on informant's head as a result of which informant's head sustained injury. It is further alleged that Golu Kumar
Patna High Court CR. MISC. No.46945 of 2024(2) dt.24-07-2024 2/3 assaulted informant by means of iron rod on informant's whole body and other accused person also assaulted informant with kick and fist. It is further alleged that co-accused Sambhu Rai snatched gold chain from informant's neck.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears no criminal antecedent. Learned counsel further submits that specific allegation is against coaccused Ramji Ray and Golu Kumar. Allegation against the petitioner is general and omnibus in nature. Petitioner has been falsely implicated in the present case just because of enmity with the informant.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.46945 of 2024(2) dt.24-07-2024 3/3 amount each to the satisfaction of learned C.J.M. Motihari, East Champaran in connection with Turkauliya P.S. Case No. 1201 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Alok Kumar Pandey, J) vashudha/- U T