Daya Nand Ray @ Daya Nand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56044 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- MANER District- Patna ====================================================== Daya Nand Ray @ Daya Nand Kumar Son of Lal Saheb Ray Resident of Hira Tola Shepur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Yadav For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Maner P.S. Case no. 435 of 2023 instituted for the offence under Sections 302/34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the informant's brother namely, Arun Kumar singh by shot fire coaccused Dhananjay Rai. The petitioner is said to have assaulted along with other co-accused persons.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to

Patna High Court CR. MISC. No.56044 of 2024(2) dt.02-08-2024 2/2 previous enmity. From perusal of FIR, it is evident that the specific allegation of firing is against co-accused Dhananjay Rai. There is only general and omnibus allegation against this petitioner. Moreover, other co-accused Deomanti Devi has already been enlarged on bail by this court vide order dated 25.6.2024 passed in Cr. Misc. NO. 41466 of 2024. Learned APP appearing for the state has opposed the prayer of anticipatory bail and submitted that the petitioner has got nine criminal antecedents.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Maner P.S. Case no. 435 of 2023, he will be enlarged on 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 J.M. 1st Class, Danapur, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T