Hemant Roy @ Hemant Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16185 of 2021 Arising Out of PS. Case No.-1 Year-2020 Thana- PATORI District- Samastipur ====================================================== 1.
HEMANT ROY @ HEMANT RAY Son of Radhey Ray Resident of Village - Madhopur, Mohanpur, P.S.- Shahpur Patori, Distt.- Samastipur. 2.
Prince Kumar Son of Hemant Roy @ Hemant Ray Resident of Village - Madhopur, Mohanpur, P.S.- Shahpur Patori, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Atul Kumar Mehta, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Patori P.S. case No.01 of 2020 registered under Sections 307, 323, 34, 341, 353, 379, 504 of the Indian Penal
Patna High Court CR. MISC. No.16185 of 2021(2) dt.04-01-2022 2/3 Code.
Allegation is that the accused persons including the petitioners assaulted the informant with fists, slaps, lathi, danda and co-accused Ram Udesh Rai abused and thrashed the informant on the earth and assaulted on his chest and jaw. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Specific allegation is against the co-accused Ram Udesh Rai.
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in
Patna High Court CR. MISC. No.16185 of 2021(2) dt.04-01-2022 3/3 covid cases.
Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned A.C.J.M. IVth, Samastipur in connection with Patori P.S. case No.1 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T