Rajesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1059 of 2023 Arising Out of PS. Case No.-266 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== RAJESH RAY Son of Ramdhani Ray Resident of Village - Sikandarpur, P.S.- Sangrampur, District - East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 324, 307, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with others co-accused persons went to the house of the informant gave a knife blow in the abdomen of the informant and pushed him.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that this case is a counter-blast of

Patna High Court CR. MISC. No.1059 of 2023(2) dt.07-02-2023 2/2 Sangrampur P.S. Case No. 254/2021, in which petitioner is a witness. He submits that there is delay of 15 days in filing of the present FIR and there is no any explanation for the delay of it which creates serious doubt about the prosecution case. He submits that injuries found upon the victim is simple in nature. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail.

Considering the aforesaid facts and circumstances and the fact that injuries found upon the victim are simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Sangrampur P.S. Case No.266/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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