Hela Roy @ Basudev Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8672 of 2023 Arising Out of PS. Case No.-119 Year-2021 Thana- BALIA BELON District- Katihar ====================================================== 1.

HELA ROY @ BASUDEV ROY SON OF LATE HAPPU ROY R/O VILLAGE- BORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICTKATIHAR 2.

PUSHKAR ROY SON OF LATE HAPPU ROY R/O VILLAGE- BORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICT- KATIHAR 3.

DEVGAN ROY @ DEVGAN KUMAR ROY SON OF AABO ROY R/O VILLAGE- BORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICTKATIHAR 4.

KHOGEN ROY SON OF HAPPU ROY R/O VILLAGE- BORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICT- KATIHAR 5.

VIDEO ROY SON OF AABO ROY R/O VILLAGE- BORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICT- KATIHAR 6.

DEEPAK ROY SON OF PARMOD ROY R/O VILLAGE- BORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICT- KATIHAR 7.

PRAMOD ROY SON OF LATE DASARTH ROY R/O VILLAGEBORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICT- KATIHAR 8.

MEENA DEVI WIFE OF HELA ROY @ BASUDEV ROY R/O VILLAGEBORILA MALIKPUR, P.S.- BALIYA BELON, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 354(B), 504, 506, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.8672 of 2023(2) dt.18-04-2023 2/3

3. Allegedly, the petitioners are said to have assaulted the informant. Petitioner no. 6 tore the cloth of the informant whereas petitioner no. 8 snatched the silver necklace from the informant's neck.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. As per the injury report, the injuries sustained by the injured are simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties and the nature of the injuries sustained by the injured is simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each

Patna High Court CR. MISC. No.8672 of 2023(2) dt.18-04-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Baliya Belon P.S. Case No. 119 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T