Rajkishor Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88404 of 2024 Arising Out of PS. Case No.-351 Year-2024 Thana- SONEPUR District- Saran ====================================================== 1.

Rajkishor Ray S/O Harivansh Ray Resident of Village- Rahardiyara, Bintoli, Ward no 9, Sonepur, P.S- Sonepur, District- Saran, Bihar- 841101. 2.

Vijay Kumar @ Vijay Ray S/O Harivansh Ray Resident of VillageRahardiyara, Bintoli, Ward no 9, Sonepur, P.S- Sonepur, District- Saran, Bihar- 841101.

3.

Deepak Kumar S/O Harivansh Ray Resident of Village- Rahardiyara, Bintoli, Ward no 9, Sonepur, P.S- Sonepur, District- Saran, Bihar- 841101. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Ritesh Kumar Jha, Advocate For the State :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsels for the parties.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw the anticipatory bail application on behalf of Petitioner Nos. 2 and 3 as during pendency of this case, Petitioner Nos. 2 and 3 have already been arrested.

3. Permission, as prayed for, is accorded.

4. Accordingly, the anticipatory bail application on behalf of Petitioner Nos. 2 and 3 is dismissed as withdrawn.

5. The Petitioner No. 1 apprehends his arrest in a case registered for the offence punishable under Sections 147, 148,

Patna High Court CR. MISC. No.88404 of 2024(2) dt.31-01-2025 2/3 149, 188, 290, 291, 323, 307, 353, 332, 333, 427, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Damage of Public Property Act.

6. The prosecution case, in brief, is that on 26.04.2024 at about 12 noon, informant got information that a school bus has dashed a cycle rider and the cycle rider has died on the spot and a mob has blocked the road. It is alleged that when the informant along with police party reached the place, this petitioner, along with other F.I.R. named accused persons and about 100 unknown persons, misbehaved with the police personnel and started pelting stones as a result of which several police personnel received injuries.

7. It is submitted by learned counsel for the petitioner that petitioner are innocent and have falsely been implicated in this case merely on suspicion. There are general and omnibus allegations and there is no specific accusation of overt act against this petitioner.

8. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that he along with other accused persons blocked the road and assaulted police personnel as a

Patna High Court CR. MISC. No.88404 of 2024(2) dt.31-01-2025 3/3 result of which several police personnel sustained injuries. It is further submitted that petitioner has also got two criminal antecedents.

9. Considering the aforesaid facts and circumstances, nature of accusation and criminal antecedents of the petitioner, the prayer for grant of anticipatory bail to Petitioner No. 1 is rejected.

10. Accordingly, this application stands disposed of. (Prabhat Kumar Singh, J) shashank/- U T