Chandan Kumar @ Chandan Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3136 of 2022 Arising Out of PS. Case No.-365 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Chandan Kumar @ Chandan Roy Son of Jail Lal Roy Resident of Village Ward No. 08, Mahisari near Middle School, P.S. Ujiarpur, District Samastipur.

2.

Jai Lal Roy S/o Late Lakhan Roy Resident of Village- Ward No. 08, Mahisari near Middle School, P.S.- Ujiarpur, District- Samastipur. 3.

Sundeshwar Roy Son of Jai Lal Roy Resident of Village- Ward No. 08, Mahisari near Middle School, P.S.- Ujiarpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No1 For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2022 Vide order dated 12.07.2022, prayer for anticipatory bail in respect of petitioner no.1, Chandan Kumar @ Chandan Roy was already permitted to be withdrawn.

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

The petitioners apprehend their arrest in connection with Ujiarpur P.S. Case No.365 of 2020, registered for the offences punishable under Sections 341, 323, 354(B), 379, 427, 436, 504, 506 and 34 of the Indian Penal Code. The petitioners are said to have set fire in the hut of the informant. Co-accused, Arjun Rai assaulted the daughter-in-

Patna High Court CR. MISC. No.3136 of 2022(3) dt.17-08-2022 2/3 law of the informant by means of iron rod on her head and Sundeshwar Rai, petitioner no.3 torn her blouse. Sundeshwar Rai also snatched earring made of gold of daughter-in-law of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in the present case. It is further submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that the mother of petitioners no.1 and 3 had filed a case before the Gram Kutchery which was decided in her favour and informant was directed to vacate the land. Learned counsel for the petitioners submits that the said land was purchased by the petitioners (Annexure-2 to this bail application).

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners no.2 and 3, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.3136 of 2022(3) dt.17-08-2022 3/3 A.C.J.M., Dalsingsarai in connection with Ujiarpur P.S. Case No.365 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T