Mukesh Roy And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13464 of 2018 Arising Out of PS.Case No. -418 Year- 2017 Thana -DIGHA District- PATNA ======================================================

1. Mukesh Roy,

2. Santosh Roy @ Santosh Kumar, Both sons of Late Narayan Roy, Resident of Saidpur Kurzi, Kothiya, P.S. Digha, District Patna. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Mohan Singh For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Digha P.S. Case No. 418 of 2017, registered for the offences punishable under Sections 341, 342, 504, 506, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act. Allegation against the petitioner no. 1 is that he pushed the informant and asked accused persons to fire on the informant and they fired on the leg of the informant.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and there is no specific allegation against petitioner no. 2 and allegation against petitioner no. 1 is that he pushed the informant. Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.13464 of 2018 (3) dt.10-05-2018 2/2 informant. They have opposed the prayer for anticipatory bail stating that at the instance of petitioner no. 1 firing was made to the informant.

Having heard both sides and in the facts and circumstances, so far petitioner no. 1 is concerned, he should surrender and make prayer for regular bail, which shall be considered on its own merit. So far petitioner no. 2 is concerned, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Patna, in connection with Digha P.S. Case No. 418 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U