Ram Pukar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56773 of 2023 Arising Out of PS. Case No.-374 Year-2023 Thana- ROSERA District- Samastipur ====================================================== 1.

RAM PUKAR RAY S/o LATE RAM KRIPAL ROY Resident of village - Mahrour, P.S. - Rosera, Distt. - Samastipur 2.

ANIL KUMAR RAY S/o TARAKANT RAY Resident of village - Mahrour, P.S. - Rosera, Distt. - Samastipur 3.

VIVEK KUMAR RAY S/o PHUL KUMAR RAY Resident of village - Mahrour, P.S. - Rosera, Distt. - Samastipur 4.

SUJIT KUMAR RAY @ SUJIT RAY S/o RAMADHAR RAY Resident of village - Mahrour, P.S. - Rosera, Distt. - Samastipur 5.

ARJUN KUMAR RAY @ ARJUN RAI S/o RAM NIHORA RAY Resident of village - Mahrour, P.S. - Rosera, Distt. - Samastipur 6.

DEEPAK KUMAR RAI @ DEEPAK RAY S/o RAMLALIT RAY Resident of village - Mahrour, P.S. - Rosera, Distt. - Samastipur 7.

FUL KUMAR RAY S/o MAHENDRA PRASAD ROY Resident of village - Mahrour, P.S. - Rosera, Distt. - Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP.

Mr. Piyush Kumar Pandey, Adv.

Ms. Aditi Shahi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 427, 379, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioners is that they along with

Patna High Court CR. MISC. No.56773 of 2023(2) dt.11-10-2023 2/3 other accused persons, armed with deadly weapons, assaulted the informant side brutally.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted property dispute between the parties. There is case and counter case between the parties. Both sides have sustained grievous injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as both sides have sustained grievous injuries, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.56773 of 2023(2) dt.11-10-2023 3/3 connection with Rosera P.S. Case No. 374 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T