Raj Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7614 of 2023 Arising Out of PS. Case No.-258 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Raj Kumar Roy Son of Late Shivji Roy Resident of village - Kushar, P.S.- Tariyani, District - Sheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Tariyani P.S. Case No. 258 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 3/4 of the Prevention of Damage of Public Property Act.

As per the FIR, 18 named accused persons including petitioner scuffled with the police and assaulted one SubInspector Jitendra Kumar and also damaged belt, sticker of uniform and took out cash of Rs. 3,000/-, wrist watch and some documents.

It is submitted that from perusal of the FIR it is evident that one person lost his life in a road accident and a

Patna High Court CR. MISC. No.7614 of 2023(2) dt.18-04-2023 2/2 mob of 18 named including petitioner and 200 unknown persons gathered and were protesting. On the identification of local Chowkidar, this petitioner has been made accused in this case. Allegation of assault is general and omnibus. No specific overt act has been alleged against this petitioner. Similarly situated co-accused persons have been granted bail by a coordinate Bench of this Court vide order dated 05.12.2022 passed in Cr. Misc. No. 63671 of 2022. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. 258 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T