Braj Kishore Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57806 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.
Braj Kishore Ray Son of Ambika Ray Resident of Village Tajpur Buzurg P.S Mahua District Vaishali 2.
Manish Ray @ Manish Kumar Son of Lalbabu Ray @ Lalbabu Rai Resident of Village Tajpur Buzurg P.S Mahua District Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur, Adv.
Mrs. Y. Madhavi, Adv.
For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Mahua P.S. Case No. 127 of 2023 registered for the offence punishable under Sections- 341, 323, 324, 307, 354, 379, 504, 506 by 34 of the Indian Penal Code.
3. Prosecution case in short is that while the informant was in his field, all the accused persons including the petitioners having been armed with lathi, danda and iron rod came there and started abusing him. On protest accused Petitioner No. 2 Manish Ray is said to have assaulted the informant with iron rod on his head causing head injury to him. The petitioner no. 1 is said to have assaulted with iron rod causing injury in his head.
Patna High Court CR. MISC. No.57806 of 2023(4) dt.27-02-2024 2/2 When the informant's bhagini came to rescue him, she was caught hold of her hair and the accused persons tried to outrage her modesty.
4. It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in the present case. The petitioners are the persons of clean antecedents. There is case and counter case between the parties and the injuries are simple in nature.
5. Learned APP appearing for the State opposed the prayer for grant of anticipatory bail.
6. Considering the above-mentioned facts and circumstances of the case, let the petitioners named above, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st class, Hajipur, Vaishali in connection with Mahua P.S. Case No. 127 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C.
(Nawneet Kumar Pandey, J) A.K.V./Jyoti U T