Mukti Narayan Ray @ Mukti Narayan Singh And Ors vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Awadhesh Kumar Pandey, learned counsel for the petitioners and Mr. Umesh Lal Verma, learned Additional Public Prosecutor

(hereinafter referred to as the ‘APP’) for the State.

The petitioners apprehend arrest in connection with Azimabad PS Case No. 22 of 2020 dated 20.07.2020, instituted under Sections 147, 148, 149,

323, 307, 504 and 506 of the Indian Penal Code and 27 of the Arms Act, 1959.

The allegation against the petitioners is that they had abused the informant and thereafter had gone home and had started firing from their door. It is

further alleged that co-accused Santosh Ray came to the door of the informant, whose brother Pintu Choudhary was standing and fired on his hand. It

has also been stated that there was hot talk between Pintu Choudhary and the accused persons which was the cause of the incident.

Learned counsel for the petitioners submitted that the allegations are totally false and frivolous and at best it is against co-accused Santosh Ray, not

before this Court, who had fired on Pintu Choudhary hitting him on the hand. Learned counsel submitted that the entire family members have been

implicated for oblique reasons and village politics. It was further submitted that the petitioners have no criminal antecedent.

Learned APP submitted that the allegation of firing is against all persons. However, he did not controvert that the specific allegation of firing is

against co-accused Santosh Ray, injuring Pintu Choudhary in his hand.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in Azimabad PS

Case No. 22 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, (i) that one of the

bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the

petitioners, and (iii) the petitioners shall cooperate in the case. Any violation of the terms and conditions of the bonds or failure to cooperate shall lead

to cancellation of their bail bonds.

The application stands disposed off in the aforementioned terms.