Subodh Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41437 of 2024 Arising Out of PS. Case No.-1370 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Subodh Roy Son of Ramahadur Roy Resident of Village- Tika Rampur, P.S. Muffasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Khagaria P.S. Case No. 1370 of 2022 instituted for the offences under Sections 448, 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act and later on added Section 302 of the IPC.

3. The allegation against the petitioner along with others is of brutally assaulted the informant leading to his death.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is admitted land dispute between the parties. There is a case and counter case between the parties.

Patna High Court CR. MISC. No.41437 of 2024(2) dt.26-06-2024 2/2 There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Pappu Yadav and Chhotan Yadav and they have already granted anticipatory bail by this Court vide order dated 04.12.2023 passed in Cr. Misc. No. 74633 of 2023. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Khagaria P.S. Case No. 1370 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T