Suresh Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83763 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== 1.

SURESH ROY SON OF DEONATH ROY RESIDENT OF VILLAGESHITALPUR, PS- CHAKIA, DISTT- EAST CHAMPARAN 2.

DEONATH ROY SON OF LATE ASHARFI ROY RESIDENT OF VILLAGE- SHITALPUR, PS- CHAKIA, DISTT- EAST CHAMPARAN 3.

NAGA ROY SON OF LATE DAROGA ROY RESIDENT OF VILLAGESHITALPUR, PS- CHAKIA, DISTT- EAST CHAMPARAN 4.

NITESH ROY @ NITESH KUMAR SON OF BIRENDRA ROY RESIDENT OF VILLAGE- SHITALPUR, PS- CHAKIA, DISTT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in Chakia P.S. Case No. 250 of 2023 registered for the offence punishable under Sections 447, 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

3. Allegedly, the accused persons armed with weapon and fire-arm came at the house of the informant and having surrounded the informant's son, they started kicking and punching him. When Amit Tiwary and Jhunna Tiwary came to rescue, they were also assaulted In course of occurrence,

Patna High Court CR. MISC. No.83763 of 2023(2) dt.18-01-2024 2/2 jewelery of two lakhs was also snatched away. Firing was also said to have been made.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and they have falsely been implicated in this case. They are the persons of clean antecedent and Title Suit No. 151 of 1997 is also pending in the court of learned Sub Judge, Motihari. It has further been submitted that the injuries are simple in nature.

5. Learned Additional Public Prosecutor opposed the prayer for anticipatory bail.

6. Considering the above-mentioned facts and circumstances of the case, let the petitioners named above, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Avinash Kumar, learned Judicial MagistrateIst Class, East Champaran, Motihari in connection with Chakia P.S. Case No. 250 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C.

(Nawneet Kumar Pandey, J) A.K.V.//- U T