Tribhuwan Roy @ Tribhuwan Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26963 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Tribhuwan Roy @ Tribhuwan Kumar Roy, Son of Sri Ram Sakal Roy, Resident of Village Kadokhari, Police Station - Rishiup in the district of Aurangabad, presently residing at Mohalla - Satyendra Nagar, Road No. - 1, Police Station - Aurangabad Town, District - Aurangabad. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Akhileshwar Prasad Singh, Sr.Adv.

Mr. Surendra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2018 Heard Sri Akhileshwar Prasad Singh, learned Senior Counsel, assisted by Sri Surendra Prasad Singh, learned counsel for the petitioner and Sri Chandra Bhushan Prasad, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Aurangabad Town P.S. Case No.95 of 2018 registered for the offence under Sections 147/148/ 149/ 337/ 323/ 324/ 435/ 436/ 427/ 307/ 332/ 333/ 353/ 360/ 295(A)/188/120(B) of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail primarily on the ground of parity.

It was submitted by learned Senior Counsel appearing on behalf of the petitioner that in identical situation, this Court

Patna High Court Cr.Misc. No.26963 of 2018(2) dt.04-05-2018 2/2 has granted bail to other accused persons. He further submits that the petitioner has been victimised only on the ground that he was residing in the same locality where, in the procession of Ram Navami, some occurrence had taken place. He submits that the petitioner was also named as one of the accused out of 89 named accused persons and F.I.R. was lodged against 89 accused persons as well as 100 unknown accused persons. Considering the fact that in similar circumstance, other accused persons have been granted bail by this Court, there is no reason to refuse the same relief to the petitioner. Accordingly, let the petitioner, namely, Tribhuwan Roy @ Tribhuwan Kumar Roy be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Aurangabad in connection with Aurangabad Town P.S. Case No.95 of 2018 .

(Rakesh Kumar, J) nawalkrs/- U T