Chamcham Roy @ Nirbhy Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.8322 of 2018 (2) dt.17-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8322 of 2018 Arising Out of PS.Case No. -261 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Chamcham Roy @ Nirbhy Rai S/o Shivji Roy, R/o Vill./Mohalla- Topra Tola, P.S.- Pirpainty, Distt.- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Adv. For the Opposite Party/s : Mr. Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Pirpainty Police Station Case No. 261 of 2017, disclosing offences under Sections 307, 504, 506 and 34 of the Indian Penal Code and also Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, there is land dispute between the parties and for which case and counter case have been lodged by both the parties. Moreover, no one has caused injury neither any firearm has been recovered from the possession of the petitioner. Hence, the petitioner deserves
Patna High Court Cr.Misc. No.8322 of 2018 (2) dt.17-02-2018 the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Bhagalpur, in connection with Pirpainty Police Station Case No. 261 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T