Patna High Court - Orders
Jogi Ray @ Jogi Kumar @ Jogendra Rai vs The State Of Bihar on 2 August, 2023
Author: Sunil Dutta Mishra
Bench: Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41679 of 2023
Arising Out of PS. Case No.-285 Year-2023 Thana- RUPASPUR District- Patna
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1. Jogi Ray @ Jogi Kumar @ Jogendra Rai, Son of Late Janak Rai Resident of
Village - Dhanaut, P.S. - Rupaspur, Distt. - Patna (Bihar)
2. Birju Ray, Son of Chungi Rai Resident of Village - Dhanaut, P.S. -
Rupaspur, Distt. - Patna (Bihar)
3. Rahul Kumar, Son of Ranjeet Kumar Resident of Village - Dhanaut, P.S. -
Rupaspur, Distt. - Patna (Bihar)
4. Rajdeo Ray, Son of Late Janak Rai Resident of Village - Dhanaut, P.S. -
Rupaspur, Distt. - Patna (Bihar)
5. Rajeshwar Rai @ Rajesh Kumar @ Rajesh Rai, Son of Late Janak Rai
Resident of Village - Dhanaut, P.S. - Rupaspur, Distt. - Patna (Bihar)
6. Ravi Kumar, Son of Sakaldeep Rai Resident of Village - Dhanaut, P.S. -
Rupaspur, Distt. - Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the State : Mr. Zainul Abedin, APP
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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 02-08-2023Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Rupaspur P.S. Case No. 285 of 2023, registered for the offences punishable under Sections 323, 341, 307, 504, 506 and 34 of the Indian Penal Code.
3. Allegation against the petitioners is that they have assaulted the informant with fists, slaps, lathi and iron rod Patna High Court CR. MISC. No.41679 of 2023(2) dt.02-08-2023 2/3 causing nose injury.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that the instant case was lodged against the petitioners on account of one Guddu Singh was fixing a bamboo in front of his house, making videography and was fixing naked wire against which petitioners raised objection the informant with other associates committed offence with petitioners for which a case vide Rupaspur P.S. Case No. 286 of 2023 has been lodged against them and as a counter blast this case has been filed. He also submits that Section 307 of the IPC is not made out against the petitioners and all other Sections against them are bailable in nature. It appears from the injury report that injuries are simple in nature. Petitioners have no criminal antecedent.
5. Learned APP opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each Patna High Court CR. MISC. No.41679 of 2023(2) dt.02-08-2023 3/3 with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Rupaspur P.S. Case No. 285 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/-
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