Surbal Roy @ Surwal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75305 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Surbal Roy @ Surwal Kumar S/O Bisheshwar Roy R/O Village- Ranitol Dadupur, Diyara, P.S.- Bachhwara, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Maharaj For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 337, 308, 384, 504, 506/34 of the Indian Penal Code.

3. As per allegation, the petitioner and other accused persons demanded extortion money from the informant and on protest, they assaulted his brother on head and leg.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioner. He submits that all Sections are bailable in nature save and except Section 308 and 384 of the IPC and both are not made out against the petitioners. He further submits that

Patna High Court CR. MISC. No.75305 of 2022(4) dt.07-08-2023 2/2 petitioner has one criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the injury found upon the victim is simple in nature, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Bachhwara P.S. Case No. 70 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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