Kishore Kumar Roy @ Tunu Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31062 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- BHARGAMA District- Araria ====================================================== 1.

Kishore Kumar Roy @ Tunu Roy Son Of Moti Lal Roy R/O- Vill- Sirsiya, P.S.- Bhargama, Dist.- Araria 2.

Ranjeet Kumar Roy Son Of Moti Lal Roy R/O- Vill- Sirsiya, P.S.- Bhargama, Dist.- Araria 3.

Santosh Kumar Roy Son Of Moti Lal Roy R/O- Vill- Sirsiya, P.S.- Bhargama, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 353, 379 and 506/34 of the Indian Penal Code.

Allegedly, the petitioners are involved in illegal cutting and selling of the soil from the government land. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that neither the petitioners had excavated soil from public land nor they have removed the soil rather the

Patna High Court CR. MISC. No.31062 of 2022(2) dt.16-11-2022 2/2 actual state of affairs is that land situated at Mauza Sirsiya, Khata No.766, Plot No.1589 over which the village road was passing is situated exactly in between Plot Nos. 1590 and 1586 and these two plots are exclusively owned and possessed by the petitioners which they have got by virtue of judgment and decree in Title Partition Suit NO.189 of 1964 from their prececessors.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four 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 CJM, Araria in connection with Bhargama P.S. Case No. 02 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T