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Vira Ray v. The State of Bihar

Patna HC2 Jul 2019CR. MISC./39679/2019

Case brief

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What is this about?

Cr. Misc. No. 39679 of 2019: High Court Patna granted provisional anticipatory bail to ten applicants in a criminal case involving assault. Bail conditioned on furnishing bonds and submission to conditions. Bail subject to re-verification of injury report within four weeks; may be cancelled if injuries found grievous.

What did the court decide?

Provisional anticipatory bail granted subject to bond and conditions; confirmation within four weeks upon verification of injuries not being grievous.

Vira Ray Vs The State of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39679 of 2019

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Arising Out of PS. Case No.-273 Year-2018 Thana- PATORI District- Samastipur

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======================================================

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VIRA RAY S/o Mahendra Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

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Saroj Kumar S/o- Gajendra Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

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Babu Saheb @ Ravi Kumar S/O- Dev Narayan Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

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Anoj Ray @ Anoj Kumar S/o Newalal Ray R/v- Uttari Dumari, P.S.Shahpur Patori, District- Samastipur.

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Gagendra Ray S/o- Hrvansh Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

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Bipin Ray S/o Mahendra Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

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Santosh Ray S/o Mahendra Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

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Dev Narayan Ray S/o- Harvansh Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

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Amod Kumar @ Amod Ray S/o Gajendra Ray R/v- Uttari Dumari, P.S.Shahpur Patori, District- Samastipur.

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Parmeshwar Ray S/o- Mahendra Ray R/v- Uttari Dumari, P.S.- Shahpur Patori, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar For the Opposite Party/s : Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 02-07-2019

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 323,341,324,307/34 IPC registered in connection with Patory (Mohanpur OP) P.S. Case No. 273 of 2018.

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It is submitted that the petitioners have been falsely

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Patna High Court CR. MISC. No.39679 of 2019(2) dt.02-07-2019 2/3

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implicated and there is case and counter case between the parties. The accusation of assault is general and omnibus and the injuries are simple in nature.

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Learned APP however, invites reference to the injury report of Kala Devi wherein opinion has been kept reserved in respect of the injury caused on the right side of her head.

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Be that it may, in the event of petitioners arrest or surrender within four weeks hereof let the above named petitioners be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two sureties of like amount each to the satisfaction of learned ACJM IV, Samastipur in connection with Patory (Mohanpur OP) P.S. Case No. 273 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

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(i) That one of the bailors shall be a close relative of the petitioners.

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(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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The provisional bail granted to the petitioners shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bonds, that injuries sustained by Kala Devi is not grievous in nature. In case the

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Patna High Court CR. MISC. No.39679 of 2019(2) dt.02-07-2019 3/3

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petitioners’ claim fails on verification, their bail bonds shall stand automatically cancelled.

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(Vikash Jain, J)

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Chandran/- U T

Vira Ray v. The State of Bihar

Case brief

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Vira Ray v. The State of Bihar

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