Manoj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55327 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Manoj Ray S/O Late Jibachch Ray Resident Of Village- Koylakunad, P.SKalyanpur, District- Samastipur 2.

Dilkhush Ray Son Of Maheshwar Ray Resident Of Village- Koylakunad, P.S- Kalyanpur, District- Samastipur 3.

Mankhush Ray @ Mansukh Ray Son Of Maheshwar Ray Resident Of Village- Koylakunad, P.S- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2022 Heard the parties.

The petitioners apprehends their arrest in a case registered for the offence punishable under section 341, 323, 324, 379, 504, 506 and 34 of the Indian Penal Code.

Allegedly, petitioners are said to have assaulted the informant by means of talwar, Iron rod and lathi. It is further alleged in the F.I.R., that petitioner no. 3 also assaulted Manoj Mandal and co-accused Lakshman Ray and snatched his bag in which there was Rs. 3,500/- cash and co-accused Sanjeev Ray took out Rs. 1,400/- from his pocket.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.55327 of 2022(2) dt.19-12-2022 2/2 petitioners have been falsely implicated due to land dispute. Petitioners have no criminal antecedent. There is case and counter case between the parties and both sides have sustained injuries. He further submits that injury found upon the victim is simple in nature.

Learned APP for the State vehemently opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as the found injury is simple in nature, 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kalyanpur P.S. Case No. 85 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Shahnawaz/- U T