Nirmal Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34751 of 2014 Arising Out of PS.Case No. -60 Year- 2014 Thana -KAJRAILI District- BHAGALPUR ====================================================== Nirmal Roy Son of Mahesh Roy, resident of village- Bahadurpur, P.S.- Kajraili, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. S.N Shukla (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-02-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 307 and others sections of the Indian Penal Code and Sections 3 / 4 of the Explosive Substances Act. The informant alleged that the accused persons came and began to scuffle. Nirmal Rai (the petitioner) and Vipin Rai are alleged to have exploded bombs. The accused persons are also alleged to have assaulted Dipak Kumar with lathi on his head and made firing.

It is submitted that Kajraili P.S. Case No. 59/2014 was registered from the side of the petitioner in which it is alleged that Arun Rai, the informant, and others came and exploded bombs causing splinter injury to Bambam Kumar. Jitu Kumar was assaulted by the accused persons.

Patna High Court Cr.Misc. No.34751 of 2014 (2) dt.18-02-2015 2/2 It appears that there is a case and counter-case between the parties. On perusal of the record, it appears that there is a very specific allegation against the petitioner that he threw bombs which exploded at the door of the informant. The police seized the remnants of explosion of bombs from the door of the informant. Hence, I am not inclined to enlarge the petitioner on anticipatory bail in Kajraili P.S. Case No. 60/2014. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T