Bikash Roy @ Bikash Ray vs The State Of Bihar
2021 Latest Caselaw 2390 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.40330 of 2020
      Arising Out of PS. Case No.-266 Year-2019 Thana- PIRPAINTI District- Bhagalpur
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Bikash Roy @ Bikash Ray, aged about 32 years- M, S/o Chandradeo Roy, R/o Village- Bakharpur, P.S.- Pirpainti ( Bakharpur), District- Bhagalpur

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the State : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-06-2021

The matter has been heard via video conferencing.

2. The case has been heard out of turn on the basis of

motion slip filed by learned counsel for the petitioner yesterday,

which was allowed.

3. Heard Mr. Ranjan Kumar Jha, learned counsel for

the petitioner and Mr. Nand Kishore Prasad, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

4. The petitioner apprehends arrest in connection with

Pirpainty (Bhakharpur) PS Case No. 266 of 2019 dated

14.12.2019, instituted under Sections 147, 149, 323, 341, 353,

427, 504, 506 of the Indian Penal Code.

5. The petitioner, along with five others named and Patna High Court CR. MISC. No.40330 of 2020 dt.15-06-2021

10-15 unknown, is accused of having attacked the police party

when it had gone to apprehend dreaded criminal, Basuki

Thakur, on prior information, leading to damage to the police

vehicle and also injuries on the police personnel and also

obstructing in official duty.

6. Learned counsel for the petitioner submitted that

there is no specific overact alleged against the petitioner and

only general and omnibus allegation has been levelled that the

crowd had assembled and attacked the police party causing

injury and also damaging the police vehicle. It was submitted

that the petitioner being resident of the locality may have been

present, but had no role in the incident. It was further submitted

that the petitioner has no criminal antecedent. Learned counsel

submitted that similarly situated co-accused, Laltu Ray @ Laltu

Roy, Bikash Tiwari @ Vikash Kumar and Hira @ Hira Thakur

@ Niranjan Thakur have been granted anticipatory bail by a

coordinate Bench by order dated 22.12.2020 in Cr. Misc. No.

24724 of 2020. It was submitted that though the allegation is

that police personnel were injured, but only one policeman was

found to be injured and he has also sustained some minor

injuries, which are simple in nature.

7. Learned APP submitted that there is allegation of Patna High Court CR. MISC. No.40330 of 2020 dt.15-06-2021

assault against the petitioner also. It was further submitted that

the accused have been identified in the light of the police

vehicle. However, it was not controverted that there was no

specific act alleged against the petitioner and the same is general

and omnibus against all the accused persons and also similarly

situated three co-accused have been granted anticipatory bail.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned ACJM-XI, Bhagalpur, in Pirpainti (Bakharpur) PS

Case No. 266 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii)

that the petitioner shall also give an undertaking to the Court

that he shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms Patna High Court CR. MISC. No.40330 of 2020 dt.15-06-2021

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his

bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of

hearing to the petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T