Neeraj Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20941 of 2019 Arising Out of PS. Case No.-237 Year-2016 Thana- BIRAUL District- Darbhanga ====================================================== Neeraj Kumar Roy S/o Ram Lala Roy R/o Village- Bairampur, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 307, 448, 380, 354, 427, 504 and 506/34 of the IPC. The prosecution case, as per the written report of Mahesh Rai, dated 22.06.2016 submitted to the Station House Officer, Biraul Police Station, is to the effect that on 21.06.2016 at about 10 A.M., the informant was working in his field, in the meantime, all the three FIR named accused persons including the petitioner came variously armed and the petitioner started

Patna High Court CR. MISC. No.20941 of 2019(2) dt.15-04-2019 2/3 destroying the tiles of the roof of the informant and on protest being made, the petitioner assaulted on the head of the informant with sharp cutting weapon and when the wife of the informant came to rescue him, she was also assaulted by all the accused persons.

It is submitted by learned counsel for the petitioner that the petitioner is the agnate of the informant and in the background of land dispute, the accusation has been levelled against the petitioner. It is further submitted that there is counter version of the occurrence also, being Biraul P.S. Case No. 240 of 2016, registered by the petitioner's side against the informant's side. A statement has been made in paragraph no.3 of the petition that the petitioner is also accused in two other cases. Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the fact that there is no accusation of repeating blow against the petitioner and the accusation has been levelled in the background of land dispute, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to

Patna High Court CR. MISC. No.20941 of 2019(2) dt.15-04-2019 3/3 the satisfaction of learned ACJM, Biraul, Darbhanga in connection with Biraul P.S. Case No. 237 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T