Dismissed¶22

Shatrudhan Ray @ Budha Ray v. The State Of Bihar

Patna HC13 May 2025CR. MISC./85739/2024

Case brief

AI extract

What is this about?

Patna High Court (Dr. Anshuman, J, 13-05-2025) rejects anticipatory bail, Crl. Misc. No.85739 of 2024, under Section 482 BNSS 2023 in Hajipur Sadar PS Case 559/2024 (Vaishali) alleging gun-point extortion under Sections 308(3)/308(4)/308(5) B.N.S. Act with CCTV footage; petitioner Shatrudhan Ray @ Budha Ray; seven pending cases, on bail in all; conditional direction to consider regular bail same day upon surrender within six weeks, unprejudiced by this order.

What did the court decide?

Conditional direction: in the event of the petitioner's surrender within six weeks, the Trial Court shall consider the regular bail prayer the same day after going through the CCTV footage and his involvement as per allegation, without being prejudiced by this Court's order. ¶22

Shatrudhan Ray @ Budha Ray Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the petitioner apprehending arrest in Hajipur Sadar P.S. Case No.559 of 2024.

¶13

Court's answer

On the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

¶20

Ratio / Principle

The prayer for anticipatory bail is rejected; however, if the petitioner surrenders within six weeks, the Trial Court shall consider his regular bail prayer on the same day after going through the CCTV footage and his alleged involvement in the crime, without being prejudiced by this Court's order.

¶22

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, BNSS 2023 sought in connection with Hajipur Sadar P.S. Case No.559 of 2024 (lodged 09.08.2024) under Sections 308(3)/308(4)/308(5), B.N.S. Act, wherein the FIR names two accused including the petitioner for alleged attempted gun-point extortion, the movement near the informant's house being statedly recorded on CCTV. Counsel pleaded innocence and false implication to create pressure (claiming the informant was the main accused in the murder of the petitioner's brother) and noted seven pending cases with bail obtained in all; the APP opposed, citing unclean antecedents and a specific allegation of extortion demand and gunshot recorded in CCTV footage. Held: on the present facts and circumstances the Court was not inclined to grant anticipatory bail; the prayer was rejected, with a direction that on surrender within six weeks the Trial Court shall consider the regular bail prayer the same day after going through the CCTV footage and the alleged involvement, without being prejudiced by this Court's order. (Dr. Anshuman, J)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85739 of 2024

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Arising Out of PS. Case No.-559 Year-2024 Thana- HAJIPUR SADAR District- Vaishali

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

¶4

Shatrudhan Ray @ Budha Ray Son of Late Baskit Ray Resident Of VillageChakaima, Ps- Hajipur Sadar, Dist.- Vaishali

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shivjee Singh, Advocate For the Opposite Party/s : Ms. Rina Sinha, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 13-05-2025

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Heard Learned Counsel for the petitioner and Learned

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APP for the State.

¶13

The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Hajipur Sadar P.S. Case No.559 of 2024, lodged on 09.08.2024, under Sections 308(3)/308(4)/308(5) of B.N.S. Act.

¶14

As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner with allegation that they have on gun point tried to extort the informant. It has been intimated that the accused persons were moving here and there near the house of the informant which is

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Patna High Court CR. MISC. No.85739 of 2024(3) dt.13-05-2025 2/3

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recorded in the CCTV Camera also.

¶17

Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the present case has been filed by the informant with a view to save his skin as he was main accused in the murder of the brother of the present petitioner. Counsel submits that the present case has been filed only with a view to create pressure upon the present petitioner. He further submits that antecedent of the petitioner is not clean. There are seven criminal cases pending against him but petitioner is a law abiding citizen and he is on bail in all seven cases.

¶18

Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is not clean and there is specific allegation against the present petitioner about demand of extortion and gun shot which is recorded in CCTV footage.

¶19

In response thereof, learned Counsel for the petitioner submits that the land of the petitioner is situated near the house of the informant, therefore, visiting on the land is very obvious.

¶20

In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Hence,

¶21

Patna High Court CR. MISC. No.85739 of 2024(3) dt.13-05-2025 3/3

¶22

the prayer for anticipatory bail of petitioner is hereby rejected. However, in the event of surrender of the petitioner within six weeks from today, the prayer for regular bail shall be considered by the Trial Court on the same day after going through the said CCTV footage and his involvement in commission of crime as per allegation without being prejudiced by the order of this Court.

¶23

(Dr. Anshuman, J)

¶24

Mkr./-

¶25

U T

Shatrudhan Ray @ Budha Ray v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shatrudhan Ray @ Budha Ray v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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