Amal Kumar Roy @ Amal Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59475 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- MANSI District- Khagaria ====================================================== 1.
Amal Kumar Roy @ Amal Roy Son of Dhruvnarayan Rai Resident of Village - Saidpur, Ward No.- 15, P.S.- Mansi, District - Khagaria. 2.
Komal Roy @ Komal Kumar Roy Son of Dhruvnarayan Rai Resident of Village - Saidpur, Ward No.- 15, P.S.- Mansi, District - Khagaria. 3.
Kinodi Yadav Son of Late Opi Yadav Resident of Village - Saidpur, Ward No.- 5, P.S.- Mansi, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Muskan Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 127(2), 119(2), 325, 326(g), 352, 351(2)(3) and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, all the F.I.R. named accused persons, including these petitioners, variously armed, came to the house of informant and indulged in hurling abuses and scattering things. It is alleged that on the order of coaccused Rajkumar Rai, co-accused Indrajeet Rai fired from his
Patna High Court CR. MISC. No.59475 of 2025(2) dt.03-09-2025 2/3 pistol upon informant and her family members which hit the cattle and thereafter, co-accused Navin Rai and Krishna Kumar set the house of informant on fire.
4. Learned counsel for the petitioners submits that entire family of these petitioners have been made accused in this case on account of previous enmity and land dispute between the parties. As a matter of fact, the present case has also been filed for putting pressure on these petitioners to compromise Mansi P.S. Case No. 290 of 2024, which was lodged by coaccused Indrajeet Rai against the husband of informant and in that case one of the co-accused Rajkumar Rai was also injured. Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. It is further submitted that similarly situated co-accused, namely, Indrajeet Rai has already been granted anticipatory bail by coordinate Bench of this Hon'ble Court vide order dated 22.08.2025 passed in Cr. Misc. No. 54941 of 2025.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of accusation and dispute between the parties, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their
Patna High Court CR. MISC. No.59475 of 2025(2) dt.03-09-2025 3/3 arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Mansi P. S. Case No. 122 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T