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Patna High CourtCR. MISC./30385/2020bail granted

Obin Roy v. The State Of Bihar

2020-12-18Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30385 of 2020 Arising Out of PS. Case No.-199 Year-2019 Thana- KATORIYA District- Banka ====================================================== Obin Roy, male, aged about 40 years, S/o Late Thakuri Roy, Resident of Telbhanga, P.S. - Katoriya, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nirbhay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2020 Heard Mr. Nirbhay Kumar Singh, learned counsel for the petitioner and Mr. Binod Kumar No. 3, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Katoriya P.S. Case No. 199 of 2019, dated 25.10.2019, instituted for the offences under Sections 341, 323, 504, 385 and 386 of the Indian Penal Code.

Patna High Court CR. MISC. No.30385 of 2020(2) dt.18-12-2020 2/3 It has been alleged in the F.I.R. that while the informant was getting the boundary wall constructed over his land, the petitioner and others tried to stop him and demanded an amount of Rs. 50,000/- for carrying out the construction work. When the informant protested, he was divested of Rs. 10,000/- from his pocket and a demand of Rs. 40,000/- was saddled on him.

Learned counsel for the petitioner has submitted that an absolutely false case has been instituted which would appear from the very contents of the F.I.R. Apart from this, it has been submitted that the person who has been alleged to have caught hold of the hands of the informant and had taken away money from his pocket, has been granted anticipatory bail by a Bench of this Court.

The petitioner has clean antecedents.

Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.30385 of 2020(2) dt.18-12-2020 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Katoriya P.S. Case No. 199 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T