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Patna High CourtCR. MISC./63338/2022allowed

Devendra Ray v. The State Of Bihar

2023-01-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61923 of 2022 Arising Out of PS. Case No.-494 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== 1.

SUDHANSHU RAY Son of Lal Babu Ray Resident of Village- Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali 2.

SHAILENDRA RAY Son of Devenand Ray Resident of Village- Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali 3.

BIGAN RAY Son of Chandra Dev Roy Resident of Village- Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali 4.

AKHILESH RAY @ AKHILESH KUMAR Son of Lakhan Dev Ray Resident of Village- Surhatha Dharmpur, P.O and P.S- Vaishali, DistrictVaishali 5.

DHARMENDRA RAY Son of Ramnath Ray Resident of Village- Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali 6.

DINESH RAY Son of Rajgir Ray Resident of Village- Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali 7.

DEVENDRA RAY @ DENESH RAY Son of Devendra Ray Resident of Village- Surhatha Dharmpur, P.O and P.S- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63338 of 2022 Arising Out of PS. Case No.-494 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== 1.

DEVENDRA RAY S/O HIRDAY RAY Resident of village- Sorhatha, P.S.- Vaishali (O.P.- Belsar), District- Vaishali.

2.

BIRENDRA RAY S/O GIRJA RAY Resident of village- Sorhatha, P.S.- Vaishali (O.P.- Belsar), District- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 61923 of 2022) For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 63338 of 2022) For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.Atul Chandra

Patna High Court CR. MISC. No.61923 of 2022(2) dt.10-01-2023 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 337, 427, 454, 380, 307, 504, 506 and 452 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

Allegation against the petitioners is that they along with about 250 persons assaulted the informant and other persons and the injuries found upon the victims are simple in nature.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He further submits that petitioners have got one criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.61923 of 2022(2) dt.10-01-2023 3/3 Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Vaishali (Belsar O.P.) P.S. Case No.494/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T