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Patna High CourtCR. MISC./59708/2021bail granted

Jayjay Ram Ray v. The State Of Bihar

2022-07-13Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59708 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

JAYJAY RAM RAY Son of Late Ramdev Ray, Resident of Village - Basahi, Ward No.- 10, P.S.- Cheria Bariyarpur, District - Begusarai. 2.

Ramkumar Roy @ Ramkumar Ray Son of Shivnandan Ray @ Shivan Ray, Resident of Village - Basahi, Ward No.- 10, P.S.- Cheria Bariyarpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 1, Jayjay Ram Ray, has been arrested and, as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this petition with respect to him.

In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner no. 1.

Patna High Court CR. MISC. No.59708 of 2021(2) dt.13-07-2022 2/3 So far as petitioner no. 2 is concerned, he apprehends his arrest in connection with Cheria Bariyarpur P.S. Case No.216 of 2020 registered for offence punishable under sections 147, 149, 353 and 188 of the Indian Penal Code. The informant is A.S.I. As per allegation, when the informant received an information that some persons were creating road jam, he came there and found that the accused persons were protesting, as one Paltu Yadav had died in a road accident. The persons, who were creating road jam, were adamant on their demand to call Block Development Officer and to provide compensation to the deceased. When the Block Development Officer came there, the jam was removed. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. The FIR shows itself that none has sustained any kind of injury. The allegation made in the FIR shows itself that the mob was protesting against the administation, as one Paltu Yadav had died in a road accident.

Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let petitioner no. 2, Ramkumar Roy @ Ramkumar Ray, in the event of his arrest or surrender, within four weeks from

Patna High Court CR. MISC. No.59708 of 2021(2) dt.13-07-2022 3/3 today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul in connection with Cheria Bariyarpur P.S. Case No. 216 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner(s) within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T