Sudhanshu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59936 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== 1.
SUDHANSHU RAY Son of Lal Babu Ray Surhatha Dharmpur, P.O and P.SVaishali, District- Vaishali 2.
Shailendra Ray S/O Devendra Ray Surhatha Dharmpur, P.O and P.SVaishali, District- Vaishali 3.
Bigan Ray S/O Chandra Dev Roy Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali 4.
Akhilesh Ray Son of Lakhan Dev Ray Surhatha Dharmpur, P.O and P.SVaishali, District- Vaishali 5.
Dharmendra Ray S/O Ramnath Ray Surhatha Dharmpur, P.O and P.SVaishali, District- Vaishali 6.
Dinesh Ray S/O Rajgir Ray Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali 7.
Jeetendra Ray S/O Suraj Dev Ray Surhatha Dharmpur, P.O and P.SVaishali, District- Vaishali 8.
Devendra Ray Son of Devendra Ray Surhatha Dharmpur, P.O and P.SVaishali, District- Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar No. 3, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 307, 504, 506 and 427 of the Indian Penal Code.
Patna High Court CR. MISC. No.59936 of 2022(2) dt.25-11-2022 2/3 The informant alleges that on 11.12.2021 at about 7:30 am, he got information that Mukhiya of Village Sorhatha, Virendra Rai was threatening and assaulting his opponent in the village and is damaging their houses, accordingly, the informant reached the place of occurrence where he saw a large mob had gathered in front of the house of Virendra Rai and Shailendra Rai and were pelting stones and also firing, thereafter, with the help of Chowkidar the accused persons were identified, further the accused also damaged the house of Manorama Devi and others including motorcycle, scooty etc and even pelted stones on the police force damaging the vehicle, it is next alleged that the mob even assaulted the villagers who got treated at the hospital and when the informant proceeded towards the house of Virendra Rai there he saw 50-60 motorcycle along with several accused standing and from the place of occurrence three empty cartridges were also recovered.
Learned counsel for the petitioners submits that the petitioners have antecedents of one case and have been falsely implicated in the present case, it is next submitted that altogether 80 accused persons have been named in the FIR with general and omnibus allegation, it is next submitted that as far as allegation of firing is alleged, the same is against Virendra
Patna High Court CR. MISC. No.59936 of 2022(2) dt.25-11-2022 3/3 Rai, Pappu Rai, Vijay Rai and Bindeshwar Rai and as far as allegation of assault and pelting of stone is alleged the same is general and omnibus in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vaishali P.S. Case No. 493 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T