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Patna High CourtCR. MISC./11546/2022bail granted

Arun Ray @ Arun Roy v. The State Of Bihar

2022-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11546 of 2022 Arising Out of PS. Case No.-79 Year-2020 Thana- ISMAILPUR District- Bhagalpur ====================================================== 1.

Arun Ray @ Arun Roy son of Late Ganeshi Roy @ Ganesh Ray Resident of Village - Bedi Ray Tola, Police Station- Ismailpur, District - Bhagalpur. 2.

Darun Ray @ Darun Roy @ Darun Rai Son of Late Ganeshi Roy @ Ganesh Ray Resident of Village - Bedi Ray Tola, Police Station- Ismailpur, District - Bhagalpur.

3.

Mithun Roy @ Mithun Ray Son of Nand Lal Roy @ Nand Lal Ray Resident of Village - Bedi Ray Tola, Police Station- Ismailpur, District - Bhagalpur. 4.

Nitish Roy @ Nitish Kumar Son of Nand Lal Roy @ Nand Lal Ray Resident of Village - Bedi Ray Tola, Police Station- Ismailpur, District - Bhagalpur. 5.

Sebk Roy @ Sebk Ray Son of Darun Ray @ Darun Roy @ Darun Rai Resident of Village - Bedi Ray Tola, Police Station- Ismailpur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Ismailpur P.S. Case No. 79 of 2020, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

As per the prosecution case, on 13.10.2020 at about 6.00 pm due to land dispute all the accused persons were quarreling with the husband of the informant and in course of

Patna High Court CR. MISC. No.11546 of 2022(2) dt.11-08-2022 2/2 quarrel, the accused persons including petitioners started assaulting the husband of informant. When both sons of informant namely, Sajan Kumar and Deepak Kumar went to pacify the matter the accused persons assaulted Sajan Kumar causing head injury.

It is submitted that due to land dispute altercation took place in which both sides sustained injuries. There is case and counter case. Allegation is general and omnibus and no specific overt act has been alleged against the petitioners. Petitioners claim clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Naugachia in connection with Ismailpur P.S. Case No. 79 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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