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Patna High Court - Orders

Shyam Sunder Ray & Ors vs The State Of Bihar on 4 October, 2016

Author: Chakradhari Sharan Singh

Bench: Sharan Singh, Chakradhari Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.42155 of 2016
                       Arising Out of PS.Case No. -116 Year- 2016 Thana -DHURAIYA District- BANKA
                 ======================================================
                 1. Shyam Sunder Ray Son of Late Bangali Ray
                 2. Satyendra Ray @ satyendra Kumar Ray @ Satyendra Narayan Ray Son
                 of Late Kamleshwari Ray
                 3. Prabhash Ray Son of Late Dhaneshwar Ray null
                 4. Dilip Kumar Ray @ dilip Ray @ Dilap Ray Son of Pradeep Ray
                 5. Pintu Kumar Ray @ Pintu Ray Son of Gurudayal Ray
                 6. Raj Kumar Ray @ Raj Kumar Son of Jwala Ray null
                 7. Fuleshwar Ray Son of Late GHanshyam Ray
                 8. Rahul Kumar Ray @ Rahul Ray Son of Satyendra Ray null
                 9. Diwakar Ray Son of Late Kanchan Ray
                 10. Mukesh Ray Son of Late Rameshwar Ray
                 11. Lal Bihari Ray Son of Late Karu Ray
                 12. Parmanand Ray @ Pramanand Ray Son of Shyam Sundar Ray
                 13. Pappu Ray @ Pappu Ray @ Puppu Ray Son of Bhwesh Ray
                 14. Madan Ray Son of Arjun Ray
                 15. Indra Mohan Ray son of Late Sofi Ray
                 16. Upendra Ray Son of Ramdhani Ray
                 17. Shanichar Ray Son of Late Kishan Ray
                 18. Sukhdeo Ray @ Sukhdeo Ray Son of Late Raju Ray
                 19. Ajablal Ray Son of Late Katki Ray
                 20. Kailash Ray Son of Late Chando Ray
                 21. Jai Ram Ray Son of Late Saklu Ray
                 22. Raju Ray Son of Bhanni Ray All Resident of village- Dhangarsa, P.S.-
                 Dhoraiya (Dhankund), District- Banka

                                                                                .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Ajit Kumar Singh
                 For the Opposite Party/s : Mr. Sri Manish Kumar 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                 SHARAN SINGH
                 ORAL ORDER

2   04-10-2016

Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Dhoraiya (Dhankund) P. S. Case No. 116 of 2016, disclosing 2 offences under Sections 147, 148, 149, 353, 427, 188, 332,334,171(F),307 of the Indian Penal Code.

The occurrence appears to have taken place when polling was going on for Gram Panchayat Election Sainchak in the District of Banka. Allegedly, 200 miscreants including the persons named in the First Information Report were attempting to capture the booth. Upon intervention by the police, it is alleged that they started pelting stones, which made the police party to open fire in self defence.

Learned counsel for the petitioners has submitted that there is no specific allegation against these petitioners and all the allegations are general and vague.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within four weeks from today in the Court below shall be released 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 Additional Chief Judicial Magistrate, Banka, in connection with Dharaiya (Dhankund) P.S. Case No. 116 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall 3 present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U