Ram Chandra Roy And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6274 of 2015 Arising Out of PS.Case No. -450 Year- 2014 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Ram Chandra Roy S/o late Anup Roy

2. Kamru Roy@Kamleshwar Roy, S/o Khakhoran Roy

3. Jeeto Roy@ Amarjeet Roy, S/o Tarni Roy All are Resident of Village - Jay Nagar ,P.S- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-02-2015 Heard both sides.

The petitioners apprehend their arrest in Barauni P.S. Case No. 450 of 2014, registered for the offences punishable under Section 353 and other Sections of the Indian Penal Code. The informant A.S.I. alleged that when he and other police officials reached near Simariya Bandh many persons came, surrounded them and tried to snatch rifle from the possession of the police. The accused persons were naming each other on the basis of which the name of the petitioner figured in the case. It is submitted that nobody has identified the petitioners. Even the informant has not made any specific allegation against the petitioners.

Patna High Court Cr.Misc. No.6274 of 2015 (2) dt.16-02-2015 2/2 On perusal of the contents of the FIR itself, it would appear that the informant did not identify the petitioners at the place of occurrence.

Considering the facts aforesaid and the fact that the name of the petitioners is mentioned in the FIR on the basis of the fact that the accused persons assembled there were naming each other, but no specific allegation is made against the petitioners, they, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 450 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T