Baleshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75700 of 2023 Arising Out of PS. Case No.-355 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== 1.
Baleshwar Ray Son Of Late Chedi Lal Ray Resident Of Chakardaha, Ward No. 14, Police Station- Narpatganj, District- Araria 2.
Bablu Ray Son Of Baleshwar Ray Resident Of Chakardaha, Ward No. 14, Police Station- Narpatganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Mandal, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Narpatganj P.S. Case No. 355 of 2023 dated 27.06.2023 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have assaulted the informant with farsa on his head causing head injury. The informant's wife came to rescue him, the co-accused Sharwan Ray and Anil Ray assaulted her with lathi and tore her cloth and also snatched one
Patna High Court CR. MISC. No.75700 of 2023(2) dt.13-12-2023 2/3 golden chain and earring from her. Thereafter, the informant's son came to rescue, he was also assaulted by the accused persons.
4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the petitioner no. 1 is the father of the petitioner no. 2 and the informant happens to be agnate of the petitioners. There is general and omnibus allegation against the petitioners. It is further submitted that there is land dispute between the parties. As per the injury report of the informant, the injury is simple in nature. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Araria in connection with Narpatganj P.S. Case No. 355 of 2023, subject
Patna High Court CR. MISC. No.75700 of 2023(2) dt.13-12-2023 3/3 to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T