Subhash Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84952 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== Subhash Roy S/o Niranjan Roy R/o Village-Saharghat (Sardar tol), P.SSaharghat, District-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State Of Bihar Advocate General, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. As prayed for, learned counsel for the petitioner is granted permission to make necessary correction in para 15 of the petition in course of the day.

3. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, informant with his brother went to kosi river, Polia, where accused persons are already there. Over a money dispute, an altercation took place between informant and the accused persons. On order of accused Dharmendra Das, petitioner caught brother of the informant, namely, Sohan Kumar, and accused Dharmendra Das

Patna High Court CR. MISC. No.84952 of 2023(2) dt.15-01-2024 2/2 gave knife blow on his head as a result he became senseless. Thereafter, all accused persons assaulted him several times and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of assault by means of knife is against accused Dharmendra Das. General and omnibus allegation of catching hold is against the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 2.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate, 1st Class, Benipatti, Madhubani in connection with Sahharghat PS Case No. 231 of 2022.

(Sunil Kumar Panwar, J) sushma/- U