← Library
Patna High CourtCR. MISC./76889/2018bail granted

Umesh Roy And ORS v. The State Of Bihar

2018-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76889 of 2018 Arising Out of PS. Case No.-197 Year-2018 Thana- BARHARA KOTHI District- Purnia ======================================================

1. Umesh Roy, son of Gokul Roy

2. Laxman Roy, son of Bhupendra Roy

3. Santosh Kumar Roy @ Santosh Roy, son of Manoj Roy

4. Bijo Roy @ Vijay Roy, son of Umesh Roy

5. Anand Raj @ Anand Roy, @ Anandi Roy, son of Late Yogendra Roy

6. Bhim Roy, son of Lakhan Roy

7. Arjun Roy, son of Lakhan Roy

8. Ravindra Roy, son of Dinesh Roy All resident of village Navtolia Mahikhand, P.S.- Barhara, Raghubansh Nagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 307, 379, 427, 436, 504 and 506 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons, variously armed, came to the informant and attacked on the informant and his family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.76889 of 2018(2) dt.20-12-2018 2/2 the petitioner nos. 1, 2, 4 and 8 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara (Raghubansh Nagar) P.S. Case No. 197 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T