Sharwan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6293 of 2019 Arising Out of PS. Case No.-70 Year-2017 Thana- PARBATTA District- Khagaria ====================================================== Sharwan Roy, aged about 27 years, Gender-Male, Son of Manoj Roy Resident of Village-Kanhaiyachak, P.S.- Parwatta, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 70 of 2017 registered for offences under sections 147, 149, 323, 324, 307, 337, 379, 353, 333, 427 & 504 of the Indian Penal Code. In the present case, an allegation has been made that the police party had gone to arrest the absconding accused, they reached near the house of co-accused Ravindra Mishra at 8.05 hours and arrested him whereafter his wife and daughterin-law started to raise alarm on which other accused persons formed un-lawful assembly and protested the arrest of accused Ravindra Mishra. The police party tried to pacify but, the accused persons were not ready to hear the version of the police
Patna High Court Cr.Misc. No.6293 of 2019(2) dt.05-02-2019 2/3 and tried to release Ravindra Mishra from the clutch of the police and also damaged the government vehicle. Further allegation has been made that other co-accused person Chanakya alias Chanti Mishra took out knife from his pocket and caused injury on the thigh. It has further been alleged that they have interacted with the police and also threw stone against the raiding party.
There is no specific allegation against the present petitioner rather general and omnibus allegation has been made against him. The petitioner has got no criminal antecedent. Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Khagaria in connection with Parbatta P.S. Case No. 70 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory
Patna High Court Cr.Misc. No.6293 of 2019(2) dt.05-02-2019 3/3 bail shall be deemed to have been canceled.
(Shivaji Pandey, J) rishi/- U T