Shiv Shankar Roy @ Shiv Shankar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22572 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Shiv Shankar Roy @ Shiv Shankar Ray son of Late Jagannath Roy Resident of Vill. - Hilalpur P.S. - Industrial Area Dist. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Industrial Area P.S. Case No. 78 of 2024, lodged on 25.06.2024, under Sections 302/120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against nine named accused persons including the present petitioner. Against six named accused persons, there is specific allegation that they have surrounded the informant, abused and fired on him. Allegation of firing is against three persons, namely,
Patna High Court CR. MISC. No.22572 of 2025(3) dt.02-07-2025 2/3 Ranjeet, Pappu and Raushan. Name of petitioner has been added in the subsequent part of the FIR.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the name of the petitioner has come in the subsequent part of the FIR when the brother of the informant were injured then subsequently three persons including the petitioner have threatened them to teach a lesson and kill. Counsel submits that the antecedent of the petitioner is clean. Counsel submits that he has been made accused only due to the reason that he is father of the main assailant.
5. Learned APP for the State opposes the prayer for bail of the petitioner and fairly submits that direct allegation is not against the petitioner rather allegation of threatening is only against him.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Sri Anurag Mishra, J.M. 1st Class, Vaishali at Hajipur, in connection
Patna High Court CR. MISC. No.22572 of 2025(3) dt.02-07-2025 3/3 with Industrial Area P.S. Case No.78 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T