Vicky Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65178 of 2019 Arising Out of PS. Case No.-170 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== VICKY RAY S/o Mala Ray Resident of Village- Narayanpur, P.S.- Koilwar, Dist- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Koilwar Police Station Case No. 170 of 2019, disclosing offences under Sections 341/323/379/384/386/504/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with others, arrived at the shop of the informant and had snacks, cold drinks etc., and on demand of the money, they assaulted the informant and also demanded extortion to the tune of Rs. 3,000/- per month.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and

Patna High Court CR. MISC. No.65178 of 2019(2) dt.25-10-2019 2/3 both the parties are co-villagers. He further submits that there is no criminal antecedent against the petitioner and the allegation against the petitioner that he allegedly assaulted the informant by chanauta, he submits that no grievous injury has been caused to the informant.

Learned Counsel for the informant vehemently opposes the prayer for bail and submits that all the accused persons demanded extortion and assaulted the informant, the petitioner does not deserve privilege of anticipatory bail. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there is no criminal antecedent against the petitioner and no apparent serious injury has been found on the person of the informant, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Vicky Ray, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Koilwar Police Station Case No. 170 of

Patna High Court CR. MISC. No.65178 of 2019(2) dt.25-10-2019 3/3 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √