Surendra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51399 of 2018 Arising Out of PS.Case No. -253 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Surendra Roy S/o Ramji Roy, R/o Vill.- Hasanpur Surat, P.S.- Patori, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201/34 & 120(B) of the Indian Penal Code. The prosecution case, in brief, is that the accused persons assaulted the son of the informant with Lathi-Danda and knife, as a result of which, he died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Except for suspicion, there is no other substantial evidence to suggest the implication of the petitioner in the present case. There is no eye

Patna High Court Cr.Misc. No.51399 of 2018 (3) dt.25-10-2018 witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 253 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T