Aman Ray @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2954 of 2024 Arising Out of PS. Case No.-824 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Aman Ray @ Aman Kumar, aged about 21 years, Male, son of Suresh Ray, 2.

Suresh Ray @ Suraj Kumar, aged about 52 years, Male, son of Prabhu Rai, 3.

Suraj Ray @ Suraj Kumar, aged about 20 years, Male, son of Suresh Ray, 4.

Bishwajeet Kumar @ Buchul @ Bishwajit Kumar @ Buchul Kumar, aged about 26 years, Male, son of Pashupati Prasad. All resident of Mohalla- Chotta Telpa, Lala Toli, P.S- Nagar, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendar Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Town PS Case No.824 of 2023 dated 05.11.2023, instituted under Sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on the alleged date of occurrence in the night when the informant was going to purcahse medicines and reached near Namak Nurani, all the accused persons surrounded him and started abusing. On protest, petitioner no.2, Suresh Rai, put a rope around his neck

Patna High Court CR. MISC. No.2954 of 2024(2) dt.07-02-2024 2/3 and pressed his neck with the help of petitioner no. 4. Thereafter, all the accused persons dragged him by rope and tried to took him to their house. On protest, petitioner no. 3 caused injury with iron rod, whereas, petitioner nos. 2 and 4 caught him and petitioner no. 1 gave a knife blow.

4. Learned counsel for the petitioners submits that they are innocent and have been falsely implicated in this case. Learned counsel further submitted that the allegation of assault against the petitioners are general and omnibus in nature. The injuries found on the person of the informant are simple in nature. Learned counsel further submits that earlier petitioner no.1 has lodged a case against the informant and others vide Town PS Case No.405 of 2022 dated 03.07.2022 punishable under Section 307 and other allied sections of the Indian Penal Code in which petitioner no.1 had sustained serious injuries in his leg caused by firearms. It is further submitted that both the parties are on inimical terms. It is further submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within

Patna High Court CR. MISC. No.2954 of 2024(2) dt.07-02-2024 3/3 six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in Town PS Case No.824 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T