Satish Kumar @ Bachcha Roy @ Bacha Rai @ Satish Roy @ Satish @ Satish Rai Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71032 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- NADI P.S. District- Patna ====================================================== 1.

Satish Kumar @ Bachcha Roy @ Bacha Rai @ Satish Roy @ Satish @ Satish Rai Kumar Son of Late Sitab Lal Roy @ Sitab Lal Ray R/O Vill.- Jethuli, Kachi Dargha, Maharajganj, Patna City, P.S.- Nadi, Dist.- Patna. 2.

Aman Raj @ Aman Kumar Son of Satish Kumar @ Bachcha Roy @ Bacha Rai @ Satish Roy @ Satish @ Satish Rai Kumar R/O Vill.- Jethuli, Kachi Dargha, Maharajganj, Patna City, P.S.- Nadi, Dist.- Patna. 3.

Rahul Roy @ Rahul Kumar Son of Ram Pravesh Roy @ Nirala @ Ram Prawesh Nirala R/O Vill.- Jethuli, Kachi Dargha, Maharajganj, Patna City, P.S.- Nadi, Dist.- Patna.

4.

Baldev Singh Son of Dalbeer Singh @ Dalbir Singh R/O Vill.- Mainimasa, P.S.- Khalra, Dist.- Taranraj, Punjab. At Present R/O Vill.- Jethuli, Kachi Dargha, Maharajganj, Patna City, P.S.- Nadi, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP.

Mr. Dheeraj Kumar, Adv.

Mr. Chunnu Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 504, 506 of the IPC and Section 27 of the Arms Act.

3.

As per the FIR, all the FIR named accused persons including the petitioners along with 100-150 unknown persons

Patna High Court CR. MISC. No.71032 of 2024(3) dt.10-01-2025 2/3 are said to have fired upon the informant and her family members and in order to search the witness of Nadi P.S. Case No. 76/2023, they entered into her house.

4.

It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. They have falsely been implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Nothing specific has been attributed against the petitioners. It is further submitted that for the same occurrence, two FIRs were lodged against the petitioners, one by the police and another by the informant. Similarly situated co-accused has been enlarged on bail by this court vide order dated 17.10.2024 passed in Cr. Misc. No. 69513 of 2024. Learned counsel further submits that petitioners have criminal antecedents as mentioned in para 3 of the bail application.

5.

Learned APP for the State as well as learned counsel for the informant opposes the prayer for anticipatory bail by submitting that the petitioners threatened the informant's side/witnesses of Nadi P.S. Case No.76 of 2023 that if anyone goes to the Court for deposition, they will commit his murder.

Patna High Court CR. MISC. No.71032 of 2024(3) dt.10-01-2025 3/3 6.

Having regard to the facts and circumstances of the case as well as considering that two cases were lodged for the same offence, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nadi P.S. Case No.185 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T