Lal Bahadur Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58976 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- JURAWANPUR District- Vaishali ====================================================== 1.
LAL BAHADUR RAY SON OF YUGESWAR RAY @ YOGESWAR RAY RESIDENT OF VILLAGE-BIRPUR, PS- JURAWANPUR, DISTTVAISHALI 2.
ASHOK RAY SON OF RAM BABU RAY RESIDENT OF VILLAGEBIRPUR, PS- JURAWANPUR, DISTT- VAISHALI 3.
AWADHESH RAY @ AWDHESH KUMAR SON OF RAM BABU RAY RESIDENT OF VILLAGE-BIRPUR, PS- JURAWANPUR, DISTTVAISHALI 4.
SHAMBHU RAY SON OF YUGESWAR RAY @ YOGESWAR RAY RESIDENT OF VILLAGE-BIRPUR, PS- JURAWANPUR, DISTTVAISHALI 5.
YUGESWAR RAY @YOGESWAR RAY SON OF CHATRI RAY RESIDENT OF VILLAGE-BIRPUR, PS- JURAWANPUR, DISTTVAISHALI 6.
SANTOSH RAY SON OF RAM BABU RAY RESIDENT OF VILLAGEBIRPUR, PS- JURAWANPUR, DISTT- VAISHALI 7.
MADHU RAY SON OF YUGESWAR RAY@YOGESWAR RAY RESIDENT OF VILLAGE-BIRPUR, PS- JURAWANPUR, DISTTVAISHALI 8.
SUDHEER RAY @SUDHIR KUMAR SON OF LAL BABU RAY RESIDENT OF VILLAGE-BIRPUR, PS- JURAWANPUR, DISTTVAISHALI 9.
RAUSHAN KUMAR SON OF MADHU RAY RESIDENT OF VILLAGEBIRPUR, PS- JURAWANPUR, DISTT- VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
In pursuance to an order dated 24.01.2024, a show
Patna High Court CR. MISC. No.58976 of 2023(5) dt.27-02-2024 2/3 cause has been submitted by the Superintendent of Police, Vaishali at Hajipur. The same is accepted.
2.
This application, for grant of anticipatory bail, arises out of Jurawanpur PS case no. 47 of 2023, disclosing offences punishable under Sections 147, 148, 323, 341, 307, 384, 504, 506/34 of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that on 05.04.2023 in the morning, the petitioners along with other accused persons arrived at the house of the informant having lathi, danda in their hands and co-accused Vidyasagar Rai assaulted the father of the informant on his head, due to which, he sustained head injury. When mother of the informant intervened, all the accused persons assaulted her and snatched golden Jitiya from her neck.
4.
Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to political rivalry, inasmuch as the petitioners are the supporters of the present Mukhia, which is not to the liking of the informant and others. He further submits that allegation against the petitioners is general and omnibus in nature except allegation upon co-accused Vidyasagar Rai, who has allegedly assaulted on the head of informant's father. He also submits that
Patna High Court CR. MISC. No.58976 of 2023(5) dt.27-02-2024 3/3 petitioner no. 7 has lodged a counter case bearing Desri PS case no. 49 of 2023 dated 05.04.2023.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioners is general and omnibus in nature, there is specific allegation of assault upon co-accused Vidyasagar Rai, who is not the petitioner herein and other victims have not sustained any injury, I am inclined to grant the privilege of anticipatory bail to the petitioners. 6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within 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 C.J.M., Vaishali, Hajipur in connection with Jurawanpur PS case no. 47 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T