Lalu Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52766 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.
LALU ROY SON OF LATE BHUNDESHWARI RAI RESIDENT OF VILLAGE- UTTARI DHAMAUN, PS- PATORI, DISTT- SAMASTIPUR 2.
BIKASH KUMAR @ VIKASH KUMAR SON OF LALU ROY RESIDENT OF VILLAGE- UTTARI DHAMAUN, PS- PATORI, DISTTSAMASTIPUR 3.
AMIT KUMAR BABLU @ AMIT KUMAR SON OF LALU ROY RESIDENT OF VILLAGE- UTTARI DHAMAUN, PS- PATORI, DISTTSAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjai Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Syed Ehteshamuddin, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Dhananjai Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Syed Ehteshamuddin, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Patori P.S. Case No. 170 of 2022, dated 08.05.2022, registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 379, 384, 385, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
3. As per allegation made in the F.I.R., for nonfulfillment of extortion money, the petitioners along with other
Patna High Court CR. MISC. No.52766 of 2023(2) dt.19-08-2023 2/3 co-accused assaulted the informant.
4. Learned counsel appearing on behalf of the petitioners submits that the informant is villager and they had tried to manage the land of the petitioners. The petitioners in their self-defence may have caused injury on the informant without any intention.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made against the petitioners and it appears from the impugned order that the injury, which has been sustained by the informant is simple in nature on the nose, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sri Shyam Nath Sah, learned J.M., Ist Class, Samastipur in connection with Patori P.S. Case No. 170 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in
Patna High Court CR. MISC. No.52766 of 2023(2) dt.19-08-2023 3/3 paragraph no. 3 of the bail application, this order will automatically loose its force.
(Purnendu Singh, J) pravinkumar/- U T