Bhola Rai @ Bhola Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68468 of 2024 Arising Out of PS. Case No.-383 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Bhola Rai @ Bhola Ray Son of Sachidanand Ray @ Sachidanand Rai R/O Vill.- Yamuna Musehri, P.S.- Chapra Muffasil, Dist.- Saran. 2.

Chaturbhaj Ray @ Chaturbhuj Ray @ Tuttu Ray Son of Sachidanand Ray @ Sachidanand Rai R/O Vill.- Yamuna Musehri, P.S.- Chapra Muffasil, Dist.- Saran.

3.

Balindra Ray Son of Sachidanand Ray @ Sachidanand Rai R/O Vill.- Yamuna Musehri, P.S.- Chapra Muffasil, Dist.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh Mr. Ram Binod Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024

1. Heard learned Senior counsel for the petitioners Mr. Bindhyachal Singh and learned A.P.P. for the State.

2. The learned Senior counsel for the petitioners, after arguing vehemently for some time realizing his difficulty, seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 3 (Balindra Ray).

3. Permission is accorded.

4. Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 3 only.

5. The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.68468 of 2024(2) dt.23-10-2024 2/3 registered for the offences punishable under Sections 147, 149, 324, 307, 504 and 506 of the Indian Penal Code.

6. Learned Senior counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant on account of dispute relating to land with an allegation that Bhola and Chaturbhuj caught the informant while Balindra assaulted him repeatedly by an iron rod causing injury on head. It is submitted that petitioners are not alleged to have assaulted rather are alleged to have caught the informant and the said allegation has been levelled only to implicate the petitioners. It is also submitted that petitioners are not criminals and similarly situated co-accused Sachidanand Ray and three others have been granted the privilege of anticipatory bail in Criminal Miscellaneous No. 66332 of 2024 by an order dated 23.10.2024.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

8. 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/-

Patna High Court CR. MISC. No.68468 of 2024(2) dt.23-10-2024 3/3 (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 Chapra Muffasil P.S. Case No. 383 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T