Durga Prasad Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63419 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Durga Prasad Ray S/o Suresh Ray, R/o Village- Gurmiya, P.S.- Kartaha, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sarai PS case no. 99 of 2017 registered for the offences punishable under Sections 448, 384, 506/34 of Indian Penal Code and Section 27 of Arms Act.

The case of the prosecution is that two unknown persons had come to the shop of the informant and while firing in the air, had dropped an envelope which contained a letter in which, demand of ransom of Rs. 15 lacs had been made. It further transpires that during course of investigation, one Ajit Kumar who is said to be the main accused, was apprehended by the police and then he had disclosed the name of the gang members. The learned counsel for the petitioner submits that merely on the basis of suspicion, the petitioner has been roped in the present case and that too upon the basis of confessional statement of one Ajit Kumar though the petitioner has got no

Patna High Court Cr.Misc. No.63419 of 2017 (3) dt.30-01-2018 2/2 relation with the alleged occurrence. It is further submitted that the petitioner has a clean antecedent.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XIII, Vaishali at Hajipur in connection with Sarai PS case no. 99 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that the petitioner would cooperate in the investigation and make himself appear before the police as and when required and failure in two consecutive appearance would liable the petitioner for cancellation of his bail. (Mohit Kumar Shah, J) rinkee/- U T