Deepak Kumar Ray And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19490 of 2018 Arising Out of PS.Case No. -338 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================
1. Deepak Kumar Ray,
2. Mahanand Ray @ Gudu Ray, both sons of Surendra Ray, resident of village Prasandu P.S. Kharagpur, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parmod Kumar For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kharagpur P.S. Case No. 338 of 2017 registered for the offences punishable under Sections 341, 307, 504/34 of the Indian Penal Code.
There is allegation against the petitioner no. 1 is that he assaulted Sunil Kumar and as a result whereof the right leg of Sunil Kumar was broken. So far as petitioner no 2 is concerned, no specific overt act has been attributed against him.
Patna High Court Cr.Misc. No.19490 of 2018 (2) dt.05-04-2018 2/2 Considering the above stated facts and circumstances as well as submission of the parties, prayer for anticipatory bail of petitioner no, 2 Mahanand Ray @ Gudu Ray is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Munger in Kharagpur .P.S. Case No.338 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C. So far as prayer for anticipatory bail of petitioner no. 1 is concerned, the same stands rejected. However, Petitioner no.
1 is directed to surrender before the court below within six weeks from today, and if he does so, and seeks regular bail, the concerned court shall consider the regular bail application of the petitioner no. 1 on its own merit without being prejudiced by this rejection order.
(Hemant Kumar Srivastava, J) N.K/- U T