Satyendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75269 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Satyendra Ray, Son of Shyam Babu Ray, Village- Nai Bazar, Ps- Bhagwan Bazar, Dist- Saran At chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bhagwan Bazar P.S. Case No.423 of 2023 instituted under Sections 147, 148, 149, 188, 290, 153(A), 295, 295A), 296, 337, 338, 307, 332, 333, 353, 427 & 120(b) of the Indian Penal Code & Section 9 of the Bihar Control of Use and Play of Loudspeaker Act, 1955.
3. As per the prosecution case, during the procession of Goddess Durga immersion when the procession reached near Masjid it was stopped and music and chanting slogan were done. It is further alleged that some unsocial elements started throwing stones on the procession just when the procession started moving ahead.
Patna High Court CR. MISC. No.75269 of 2024(2) dt.22-11-2024 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner has been dragged in this case only on the basis of suspicion. The allegation against the petitioner is general and omnibus in nature. Learned counsel also submits that similarly situated co-accused person, namely, Sanjay Kumar has already been enlarged on anticipatory bail by this Court vide order dated 22.05.2024 passed in Cr. Misc. No.32926 of 2024. The petitioner has three criminal antecedents in which he is on bail and he undertakes to co-operate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Saran at Chapra / Concerned Trial Court in connection with Bhagwan Bazar P.S. Case No.423 of 2023, subject to the conditions laid
Patna High Court CR. MISC. No.75269 of 2024(2) dt.22-11-2024 3/3 down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T