Sanatan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8936 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- BIRPUR District- Supaul ====================================================== Sanatan Roy S/O Late Baleshwar Roy @ Late Bleshwar Roy R/O VillageBirpur, Ward No. 11, P.S- Birpur, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunath Singh, Advocate For the Opposite Party/s :
Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Birpur P.S. Case No. 104 of 2023 registered for the offences punishable under Section 147, 341, 323, 308, 504 & 506 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant, causing head and other bodily injuries having
Patna High Court CR. MISC. No.8936 of 2024(2) dt.20-02-2024 2/3 intention to cause death, where dispute arises out of land disputes.
4. Learned counsel appearing on behalf of the petitioner submitted that allegation regarding assault is very much general and omnibus, where injury as alleged to be caused by petitioner in simple in nature, prima facie, not attracting a case under Section 308 of the IPC. It is further submitted that occurrence arises out of land dispute, where petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances and by taking note of the fact as allegation regarding assault is very much general and omnibus, where injury appears simple in nature, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai/concerned Court below where the case is pending in connection with Birpur P.S. Case No. 104 of 2023 subject to the
Patna High Court CR. MISC. No.8936 of 2024(2) dt.20-02-2024 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T