Kishan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69710 of 2021 Arising Out of PS. Case No.-153 Year-2021 Thana- KATORIYA District- Banka ====================================================== 1.

UGAN ROY Son of Aklu Roy Resident of village - Kharipar, P.S.- Katoria, District - Banka.

2.

Nago Roy Son of Mangaru Roy Resident of village - Kharipar, P.S.- Katoria, District - Banka.

3.

Darogi Roy Son of Jagdish Roy Resident of village - Kharipar, P.S.- Katoria, District - Banka.

4.

Rajesh Roy Son of Kishan Roy Resident of village - Kharipar, P.S.- Katoria, District - Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1073 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- KATORIYA District- Banka ====================================================== KISHAN RAI Son of Aklu Roy Resident of Village- Kharipar, P.S.- Katoria, District- Banka.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 69710 of 2021) For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Anil Prasad Singh (In CRIMINAL MISCELLANEOUS No. 1073 of 2022) For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2022 Since aforesaid two cases relate to same police station case number, both are disposed of by this common order.

Patna High Court CR. MISC. No.69710 of 2021(3) dt.30-08-2022 2/3 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 307, 302, 120B & other allied sections of the Indian Penal Code. As per the prosecution case, when the husband of informant and three others went to Khadipar village for purchasing goat, petitioners alongwith others brutally assaulted them with sharp cutting weapon, due to which, two persons died on spot and other two sustained severe injuries. It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case. There is case and counter case. Both parties are co-villagers. There is general and omnibus allegation against petitioners and there is no specific allegation of assault against petitioners. Specific allegation of assault is against co-accused Prakash Roy and Naresh Roy. Petitioners are only alleged to have surrounded the informant side.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioners are named in the F.I.R. and there is specific allegation against these petitioners that they alongwith other co-accused committed the murder of Tentu Roy @ Vinod Roy and Sudhir Roy by sharp cutting weapons.

Patna High Court CR. MISC. No.69710 of 2021(3) dt.30-08-2022 3/3 Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay/- U T