Shatrudhan Ray @ Budha Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85739 of 2024 Arising Out of PS. Case No.-559 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Shatrudhan Ray @ Budha Ray Son of Late Baskit Ray Resident Of VillageChakaima, Ps- Hajipur Sadar, Dist.- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Hajipur Sadar P.S. Case No.559 of 2024, lodged on 09.08.2024, under Sections 308(3)/308(4)/308(5) of B.N.S. Act.
3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner with allegation that they have on gun point tried to extort the informant. It has been intimated that the accused persons were moving here and there near the house of the informant which is
Patna High Court CR. MISC. No.85739 of 2024(3) dt.13-05-2025 2/3 recorded in the CCTV Camera also.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the present case has been filed by the informant with a view to save his skin as he was main accused in the murder of the brother of the present petitioner. Counsel submits that the present case has been filed only with a view to create pressure upon the present petitioner. He further submits that antecedent of the petitioner is not clean. There are seven criminal cases pending against him but petitioner is a law abiding citizen and he is on bail in all seven cases.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is not clean and there is specific allegation against the present petitioner about demand of extortion and gun shot which is recorded in CCTV footage.
6. In response thereof, learned Counsel for the petitioner submits that the land of the petitioner is situated near the house of the informant, therefore, visiting on the land is very obvious.
7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Hence,
Patna High Court CR. MISC. No.85739 of 2024(3) dt.13-05-2025 3/3 the prayer for anticipatory bail of petitioner is hereby rejected. However, in the event of surrender of the petitioner within six weeks from today, the prayer for regular bail shall be considered by the Trial Court on the same day after going through the said CCTV footage and his involvement in commission of crime as per allegation without being prejudiced by the order of this Court.
(Dr. Anshuman, J) Mkr./- U T