Shatrughan Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36121 of 2025 Arising Out of PS. Case No.-25 Year-2019 Thana- PANDARAK District- Patna ====================================================== Shatrughan Roy S/o Late Ram Narayan Roy @ Mittar Roy R/o Chamtha Rajauli (Ward no. 14) Chamtha Laxman Tola, P.S - Bachchwara, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Thakur Brajesh Singh, Adv.
Mr. Zeyaul Hoda, Adv.
For the Opposite Party/s :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Pandarak P.S. Case No. 25 of 2019 instituted for the offences under Sections 341, 323, 504, 506, 363, 365, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the informant states that as a result of land dispute between the parties, the petitioner misbehaved and assaulted the informant's brother whereafter his brother fled away from there. It is further alleged that thereafter on the informant and his father going to protest, it is stated that
Patna High Court CR. MISC. No.36121 of 2025(4) dt.01-09-2025 2/3 the five named accused persons including the petitioner herein as also Shravan Mahto and five unknown accused persons resorted to indiscriminate firing. The informant somehow managed to escape but, his father was illegally restrained. Thereafter, the whereabouts of his father is not known.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to local politics. He further submits that from bare perusal of the F.I.R., it appears that the petitioner was not present when the informant's father was abused and assaulted by five named accused persons. The petitioner has no concern with the alleged assault and abduction of the informant's father. The petitioner has also no concern with the alleged firing. The present case is a case of no evidence. The petitioner has one criminal antecedent and is languishing in judicial custody since 24.12.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner.
5. Learned counsel for the petitioners again submits that the co-accused have been granted bail by a Co-ordinate Bench of this Court vide orders dated 15.12.2023, 12.07.2024 and 31.03.2022 passed in Cr. Misc. Nos. 77591 of 2023, 67224
Patna High Court CR. MISC. No.36121 of 2025(4) dt.01-09-2025 3/3 of 2023 & 49228 of 2021 respectively.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pandarak P.S. Case No. 25 of 2019.
(Rudra Prakash Mishra, J) rishi/- U T