Balendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57598 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- DEWARIA District- Muzaffarpur ====================================================== 1.

Balendra Ray Son of Dasai Ray.

2.

Harendra Ray Son of Dasai Ray 3.

Ravindra Ray @ Ravindra Kumar Son of Dasai Ray. 4.

Anjan Ray Son of Dasai Ray.

5.

Vodha Ray @ Jodhi Ray @ Jodha Kumar Son of Dasai Ray. 6.

Manish Kumar Son of Harendra Ray.

7.

Munna Ray @ Munna Kumar Son of Balendra Ray All R/o Village - Neknampur, P.S.- Deoria, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S.B.K. Mangalam, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2024 Heard Mr. S.B.K. Mangalam, learned counsel appearing on behalf of the petitioners and Mr. Nawal Kishore Prasad, learned APP for the State.

2. Petitioners seeks pre-arrest bail in connection with Deoria P.S. Case No.81 of 2024, registered for the offences punishable under Sections 147, 341, 307, 323, 324, 504 and 506 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioners and the informant tried to partition the land measuring 08 decimal and claimed their right over it. In the

Patna High Court CR. MISC. No.57598 of 2024(2) dt.04-09-2024 2/3 said course, the petitioners, who are the family members and close relatives of the informant, entered into fierce fight causing injury to the informant and other family members.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are close family members of the informant and there is a land dispute between them and claiming their right over the said 08 decimal of land, they entered into fierce fight resulting into case and counter case and the petitioners in their self-defence may have caused injuries on the informant and his other family members. The petitioners have clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR; case and counter case between the parties and after the hot discussion, they entered into fierce fight and the petitioners in their self-defence may have caused some injuries to the informant and his family members, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of

Patna High Court CR. MISC. No.57598 of 2024(2) dt.04-09-2024 3/3 Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth West, Muzaffarpur/concerned court, in connection with Deoria P.S. Case No.81 of 2024 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned district court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

8. The learned district court is further directed to verify as to whether the injury sustained by any of the injured attributable to the above named petitioners is grievous, then in that case bail bond in respect of that petitioner(s) shall not be accepted.

(Purnendu Singh, J) chn/durgesh U T