IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58542 of 2021

Arising Out of PS. Case No.-204 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj

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Ashok Ray, S/o Late Chandrika Ray, R/o village- Chandpur, P.S.-

Baikunthpur, Distt.- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Surendra Prasad Gupta, Advocate

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD

ORAL ORDER

2

01-06-2022

Heard learned counsel for the petitioner and the

learned APP for the State.

The petitioner is apprehending his arrest in

connection with Baikunthpur P.S. Case No.204 of 2020

registered for the offence punishable under Sections 341, 323,

324, 325, 307, 448, 380 and 504 read with Section 34 of the

Indian Penal Code.

The informant and the accused persons are agnates

and there is allegation of assault by the accused persons.

The petitioner’s counsel submits that the FIR

discloses specific allegation of assault in respect of accused

persons, namely, Rajeshwar Ray, Binod Ray, Naresh Ray and

Ramkishun Ray as well as allegation of taking away money

against Santosh Ray. There is no statement in the FIR making

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any allegation of assault of such overt act against the petitioner,

as the informant has implicated him only due to subsisting

dispute between the agnates. Petitioner having clean antecedents

is apprehending his arrest.

Under such circumstances, learned APP has opposed

the prayer for anticipatory bail.

On going through the allegations, this Court would

find that there is no specific allegation against the instant

petitioner whereas informant has specifically stated about the

assault perpetrated by the other accused persons and injuries

arising therefrom. There is also specific assertion that the

petitioner has no criminal antecedents and also keeping in view

the fact that the dispute is between the agnates, this Court is

inclined to allow petitioner’s prayer for grant of anticipatory

bail.

Accordingly, let the petitioner, above named, in the

event of his arrest or surrender before the court below within a

period of four weeks from today, be released on bail on

furnishing bail bond of Rs.10,000/- (Ten thousand) with two

sureties of the like amount each to the satisfaction of the learned

court below where the case is pending, in connection with

Baikunthpur P.S. Case No.204 of 2020, subject to the conditions

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as laid down in Section 438(2) of the Code of Criminal

Procedure as also subject to the following conditions:

(i) That one of the bailors will be a

close relative of the petitioner who will give

an affidavit giving genealogy as to how he is

related with the petitioner. The bailor will

also undertake to inform the court if there is

any change in the address of the petitioner.

(ii) That the petitioner will be well

represented on each date and if he fails to do

so on two consecutive dates, his bail bond

will be liable to be cancelled.

This Court would expect that the petitioner’s counsel

would honour his undertaking in the instant proceedings

regarding supply of the requisite court fee etc. within two weeks

from the date he is called upon to do so by the office.

PNM

(Madhuresh Prasad, J)

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