Jay Prakash Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84364 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- RAJPUR District- Buxar ====================================================== 1.
Jay Prakash Ray S/O Prem Nath Ray Resident of Village and Post- Rampur, P.S.- Rajpur, District- Buxar(Bihar) 2.
Pravin Ray @ Pravin Kumar Ray S/O Jay Narayan Ray Resident of Village and Post- Rampur, P.S.- Rajpur, District- Buxar(Bihar) 3.
Prashant Ray S/O Jay Narayan Ray Resident of Village and Post- Rampur, P.S.- Rajpur, District- Buxar(Bihar) 4.
Jyoti Prakash Rai @ Prakash Ray S/O Sanjay Ray @ Kakku Ray Resident of Village and Post- Rampur, P.S.- Rajpur, District- Buxar(Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar Upadhyay For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Rajpur Police Station Case No. 209 of 2024, dated 06.07.2024, disclosing offences punishable under Sections 191(2)/191(3)/190/126(2)/115(2)/109/303(2)/ 324 (4) (5)/49 of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report, is that on 06.07.2024, the informant received information that some persons were uprooting his pole made for
Patna High Court CR. MISC. No.84364 of 2024(2) dt.18-12-2024 2/3 fencing, went to the place of occurrence and found that the petitioners are uprooting the fencing and were armed with lathi, danda, iron-rod and rami. It has further been alleged that the petitioners and other accused persons assaulted the informant and others due to which three persons, including the informant, sustained injuries.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to land dispute between the parties. A title suit, bearing Title Suit No. 352 of 2024 is pending between the parties before learned Sub-Judge 1, Buxar. A counter case has also been filed by the side of the petitioners against the informant, bearing Rajpur Police Station Case No. 210 of 2024. Referring to the impugned order, learned Counsel submits that the injuries caused to the informant are simple in nature.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there appears to be land dispute between the parties, title suit is pending between them, counter case is also there and the injuries caused to the informant are simple in nature, I am inclined to grant the petitioners privilege of
Patna High Court CR. MISC. No.84364 of 2024(2) dt.18-12-2024 3/3 anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Buxar, in connection with Rajpur Police Station Case No. 209 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √