Arjun Ray @ Arjun Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26418 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1.
ARJUN RAY @ ARJUN ROY S/o Jayarkan Ray, R/o Village- Chak Umar, P.S.- Vidyapati Nagar, District- Samastipur.
2.
Ram Balak Ray @ Ram Balak Roy, S/O Bihari Ray, R/o Village- Chak Umar, P.S.- Vidyapati Nagar, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar................................................ ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Singh, Advocate.
For the Opposite Party/s :
Mr. Mukeshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Vidyapati Nagar P.S. Case No. 46 of 2018, registered for the offences punishable under Sections 341, 323, 324, 379, 307, 34 of the Indian Penal Code.
Over failure of the Panchayati between informant and petitioner Arjun Roy when informant and his brother regressed to their house. On the way the petitioners and another accused persons intercepted them. Petitioner Ram Balak Rai caught hold his both hands and on exhortation of the Bashishtha Rai, coaccused Ram Pukar Rai assaulted on his head, below the right eye and nose by means of Hasia making him seriously injured. It is submitted by the learned counsel for the petitioners that petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case. There is case and
Patna High Court CR. MISC. No.26418 of 2019(4) dt.23-07-2019 2/2 counter case between the parties. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner No.1 and only allegation against petitioner No. 2 is that he caught hold the hand of the informant. Petitioners do not happen to be assailant. Injury sustained by the informant is simple in nature. They have no criminal antecedent.
Learned A.P.P. for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail in the event of their arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Dalsinghsarai in connection with Vidyapati Nagar P.S. Case No. 46 of 2018, subject to condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) T.Kr./- U T