Yoganand Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24351 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- BAUSI District- Araria ====================================================== YOGANAND ROY Son of Late Janak Lal Roy Resident of Village - Gunwanti, Ward No. 6, P.S. - Bousi, District - Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-09-2020 Heard Mr. Mrigendra Kumar, learned counsel for the petitioner and Mr. Md. Sufiyan, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner apprehends arrest in connection with Bousi P.S. Case No. 02 of 2020 registered for the offence punishable under Section 341, 323 , 307, 354, 379, 504 /34 of the I.P.C. The allegation against the petitioner is that he assaulted the father- in- law of the informant on his head by means of Axe.

Learned counsel for the petitioner submits that both the parties are agnates and there is land dispute between them. Learned counsel referring to Annexure -2 to this petition

Patna High Court CR. MISC. No.24351 of 2020(2) dt.30-09-2020 2/3 submits that there is case and counter case between the parties inasmuch as for an incident which has taken place on the same date and time Bousi P.S. Case No. 03 of 2020 has been lodged by the petitioner against the informant and others. Learned counsel referring to Annexure- 3 which is the injury report of the victim- Nityanand Rai submits that the doctor has found the injuries as simple in nature and other allegation against the petitioner and others are omnibus, ornamental and super addition.

Having regard to the submissions made by the parties, taking into consideration the materials available on record , the fact that both the parties are agnates, there is land dispute between them, there is a case and counter case between the parties and injuries are simple in nature, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria / court concerned in connection with Bousi P.S. Case No. 02 of 2020 subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.24351 of 2020(2) dt.30-09-2020 3/3 the Code Of Criminal Procedure.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T