Rajan Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58920 of 2025 Arising Out of PS. Case No.-154 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== 1.

Rajan Roy S/o Parshuram Roy Resident of Village- Karahi Khurd, PSBasantpur, Distt.- Siwan 2.

Sushil Roy S/o Mahesh Roy R/o vill - Pandeypur, P.S.- Daraunda, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109(1), 308(3), 117(2), 303(2), 351(2) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are young boys aged about 25 years and the informant alleges that accused persons including the petitioners came and demanded extortion of Rs. 6 lakhs per annum on the pretext that his grocery shop is doing good business, on objection, Rakesh gave orders to

2/4 assault, on which accused person started dragging the informant out from his shop and when his son and nephew, Aditya and Santosh came to save him, all the accused assaulted them and Anand assaulted his son by tangi causing injury on head, on account of assault he fell but Anand continued assaulting him by tangi, while Rakesh assaulted Santosh by rod causing injury on head, thereafter Sushil and Rajan threatened by putting knife on his neck that if extortion of Rs. 50,000 is not paid every month, his family would be killed and Sukesh took Rs. 20,000 from the cash box.

4.

The learned counsel appearing on behalf of the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the same does not inspire confidence for the reason that it does not appear probable that petitioners would have demanded extortion of Rs. 6 lakh per annum, i.e, Rs. 50,000 per month. It is also submitted no doubt an altercation had taken place in which both sides assaulted each other but then specific allegation of assault is against Anand and Rakesh. It is next submitted petitioners have been implicated in the case with an allegation that they threatened the informant by putting

3/4 knife on his neck but then no allegation of assault is alleged. It is submitted that the said allegation has been alleged only to give serious color to the case. It is reiterated and submitted that the petitioners are young boys aged about 25 years and in the nature of allegation, if they are sent to judicial custody, their entire career would get jeopardized and chances are bright that they may come in contact with hardened criminals. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Basantpur P.S. Case No. 154 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.

One of the bailors of the petitioners shall be their

4/4 respectively father, i.e., Parshuram Roy and Mahesh Roy. 8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. 9.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T