Anil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62617 of 2024 Arising Out of PS. Case No.-230 Year-2013 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

Anil Ray 2.

Arun Ray Both Son Of Banke Ray 3.

Baijnath Ray @ Baiju Ray Son Of Late Yogi Ray 4.

Banke Ray Son Of Late Rajwanshi Ray 5.

Rajiv Kumar Ray @ Rajeev Rai Son Of Banke Ray All Are Resident Of Village - Ramaiya, Police Station - Mohiuddin Nagar, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2025

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.2, Arun Ray.

3. Permission is accorded.

4. Accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.2.

5. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the IPC in

Patna High Court CR. MISC. No.62617 of 2024(3) dt.22-01-2025 2/3 connection with Mohiuddin Nagar P.S. Case No.230 of 2013.

6. The learned counsel for the petitioners next submitted rest of the petitioners are persons with clean antecedent and the informant alleges that when no male members were present in his house when Anil and Arun came and assaulted and abused his wife and daughter, it is further alleged that thereafter a panchayati was convened, but the petitioners started scuffling and Anil assaulted with farsa on the head of the informant and Arun snatched rupees two thousand and also assaulted his son Sujeet Kumar by knife. It is further alleged that Ranjeet and Sanjeet threw chilly powder in the eyes of the informant.

7. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case. It is next submitted on account of dispute relating to property the instant criminal case came to be instituted. It is also submitted that petitioner no.1, 5 & 6 are own cousin brothers of the informant while petitioner no.3 & 4 own uncle of the informant. It is further submitted that from perusal of Annexure-3 to the anticipatory bail application it would manifest that the petitioners have compromised the case as such no useful purpose would be served by sending the petitioners to jail.

Patna High Court CR. MISC. No.62617 of 2024(3) dt.22-01-2025 3/3

8. The learned APP opposes the anticipatory bail application.

9. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, VIIIth, Samastipur in connection with Mohiuddin Nagar P.S. Case No.230 of 2013, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T