Halchal Kumar Roy @ Halchal Kumar @ Halchal Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40587 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- PRANPUR District- Katihar ====================================================== HALCHAL KUMAR ROY @ HALCHAL KUMAR @ HALCHAL KUMAR RAY S/O KISHAN RAY @ KISHAN R/O Vill. Laxmipur, PS. Pranpur, Dist. Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar No.-III, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 354, 379 and 504/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. The informant alleges that petitioner assaulted him by sharp cut weapon causing injury on the head and neck and even outraged the modesty of his wife and other accused persons snatched her ornaments.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that the date of occurrence is 23.02.2023 and

Patna High Court CR. MISC. No.40587 of 2023(2) dt.18-07-2023 2/2 the FIR came to be instituted on 20.03.2023 i.e. after a delay of more than twenty-seven days which castes an aspersion on the case of the prosecution. It is further submitted that had the informant been injured in the manner as alleged then definitely he would have been hospitalized and his fardbeyan would have been recorded in the hospital but then that is not the case which further castes an aspersion on the case of the prosecution.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pranpur P.S. Case No. 57 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T