Shankar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90047 of 2024 Arising Out of PS. Case No.-561 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1 .

Shankar Ray S/o Gorakh Ray R/o Village- Sherpur Neya Basti, PS- Chapra Muffasil, District- Saran 2.

Veeru Ray @ Vira Rai @ Viro Ray S/o Chandraket Rai R/o Village- Sherpur Neya Basti, PS- Chapra Muffasil, District- Saran 3 .

Santosh Kumar S/o veeru Ray @ Vira Rai R/o Village- Sherpur Neya Basti, PS- Chapra Muffasil, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar , Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 109, 351 ( 2 ), 352, 3 (5) of the BNSS. 3 . As per F.I.R., on the alleged date and time of occurrence , petitioner No. 1 assaulted on the head of the informant with spade due to which he sustained head injury . It is further alleged that when wife and daughter came to rescue then petitioner No. 2 and 3 assaulted them and also threatened them with dire consequences.

Patna High Court CR. MISC. No.90047 of 2024(2) dt.30-01-2025 2/2

4. It is submitted on behalf of the petitioners that these petitioners have falsely been implicated in this case due to old enmity and land dispute . Allegation of assault is general and omnibus against these petitioners. Injury allegedly caused by these petitioners are simple in nature . Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the nature of injury , clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM Saran Chapra in connection with Chapra Muffasil P.S. Case No. 561 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T