Ajay Ray @ Ajay Kumar Yadav @ Ajay Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46490 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== AJAY RAY @ AJAY KUMAR YADAV @ AJAY KUMAR RAY S/O LATE NAGENDRA RAY R/O VILLAGE- SARMASTPUR, PS. MAHNAR, DIST. VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-08-2023
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 Mahnar P.S. Case No. 161 of 2022 registered for the offences punishable under Sections 341, 323, 506, 379/34 of the IPC.
3. As per prosecution case, petitioner and others are said to have taken away soil of land in question by JCB as claimed by informant. It is further alleged that petitioner and others are said to have assaulted informant and other. It is further alleged that petitioner and other snatched the chain of
Patna High Court CR. MISC. No.46490 of 2023(2) dt.04-08-2023 2/3 gold from the neck of the informant.
4. Learned counsel for the petitioner submits that petitioner bears criminal antecedent of two cases which is lodged on account of land dispute from the side of informant in which he is on bail. Learned counsel for the petitioner further submits that petiitoner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the case due to land dispute. He further submits that all the sections are bailable except section 379 of the IPC and no person injured from both side which is clear from the story of FIR and no person has snatched the gold chain of informant so Section 379 is ornamental in nature.
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, 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 her 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 amount each to the satisfaction of learned Judicial Magistrate 1st
Patna High Court CR. MISC. No.46490 of 2023(2) dt.04-08-2023 3/3 Class, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 161 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