Santosh Ray @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79290 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Santosh Ray @ Santosh Kumar Sh. Nathu Ray Resident of Village - Chandpura P.S- Raghopur, Dist.- Vaishali, Bihar 2.

Raju Ray @ Raju Kumar S/O Sh. Nathu Ray Resident of Village - Chandpura P.S- Raghopur, Dist.- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra, Adv For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-04-2025 Heard learned counsel for the petitioners, and the State.

2. Petitioners apprehend their arrest in connection with Raghopur P.S.Case No. 290 of 2023 registered for the offences punishable under Sections 147, 148, 341, 307, 323, 324, 504, 506 of the Indian Penal Code.

3. The FIR was lodged by one Mahadevi, who has alleged on 3.12.2023, that five accused persons including the petitioners came at her house, hurled abuses and started assaulting the informant with lathi, danda and iron rod. It is further alleged that when the informant's son intervened, the petitioners also dragged him by putting towel around his neck

Patna High Court CR. MISC. No.79290 of 2024(3) dt.21-04-2025 2/3 and further accused Satish Ray dealt blow with sharp edged instrument causing injury to him in h is head.

4. Learned counsel for the petitioners submits at the outset that both the parties are patidars and land dispute is in the back drop of the entire allegation. The FIR has been lodged after a delay of more than 16 hours and further the FIR would itself discloses that the main allegations of assault upon the son of the informant is on Satish Kumar and not on these two petitioners. The injury report of the informant and her son are also on record, which indicate that the injury sustained by them are simple in nature.

5. Learned APP for the State opposes the anticipatory bail.

6. Taking into consideration all the above mentioned facts and circumstances and also considering the fact that the petitioners have no criminal antecedent, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, in the event of their arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in Raghopur P.S.Case No. 290

Patna High Court CR. MISC. No.79290 of 2024(3) dt.21-04-2025 3/3 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioners shall co-operate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T