Shambhu Roy @ Shambhu Prasad Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29538 of 2015 Arising Out of PS.Case No. -129 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Shambhu Roy @ Shambhu Prasad Roy S/o Late Mulchand Roy, R/o Village- Shakhori, Golma Purvi Panchayat, P.S. - Sourt Bazar (Patarghat O.P.) District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends his arrest in a case registered under sections 341, 323, 332, 353, 504, 506 of the Indian Penal Code.
It is alleged that on 30.4.2015 while the informant was going to Saharsa from the work place and when he reached near gat then all of a sudden the petitioner get him down from the bike and started assaulting him. The informant fell down on the ground and this petitioner abused the informant and threatened him. When the informant entered into the chamber of B.D.O. to save his life then the accused assaulted him before the B.D.O. and any hose he was saved by the B.D.O.
Patna High Court Cr.Misc. No.29538 of 2015 (2) dt.28-07-2015 2/2 On behalf of the petitioner it is submitted that petitioner has got no criminal antecedent. It is further submitted that petitioner has falsely been implicated in this case for the reason that he is a Prakhand Pramukh and because of political enmity he has been made accused. It is further submitted that section 353 is not attracted in the present case as the alleged occurrence has taken place out side of office premises. On behalf of the State it is submitted that petitioner is named in the first information report. Considering the aforesaid facts, the above named petitioner in the event of his 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 is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in Sour Bazar P.S. Case No. 129 of 2015, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Sudhir Singh, J) M.Rahman/- U T