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Patna High CourtCR. MISC./46637/2022allowed

Subodh Ray v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46637 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== SUBODH RAY Son of Langar Ray R/o Village - Diwantok, P.S.- Ganga Bridge, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 224, 225, 332, 333, 307 & 504 of the Indian Penal Code.

F.I.R. named accused including this petitioner is said to have assaulted the informant with rod on his head. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further

Patna High Court CR. MISC. No.46637 of 2022(2) dt.05-12-2022 2/2 submitted that the informant himself has not named the petitioner. The petitioner's name first time transpired in this case in the supervision report. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injury sustained by the victim is simple in nature. It is further submitted that similarly situated co-accused, namely, Bhola Rai has already been granted bail by this Court vide order dated 18.10.2022 passed in Cr. Misc. No.9777 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Ganga Bridge P.S. Case No. 165 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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