Subodh Roy v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 302, 307, 323, 325, 341, 448, 504, 506
- Arms Act, 1959 s. 27
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr.Sudish Kumar Mr.Shailendra Kumar ORAL ORDER 2 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in connection with Khagaria P.S. Case No. 1370 of 2022 instituted for the offences under Sections 448, 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act and later on added Section 302 of the IPC.
The allegation against the petitioner along with others is of brutally assaulted the informant leading to his death.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is admitted land dispute between the parties. There is a case and counter case between the parties. Patna High Court CR. MISC. No.41437 of 2024(2) dt.26-06-2024 There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Pappu Yadav and Chhotan Yadav and they have already granted anticipatory bail by this Court vide order dated 04.12.2023 passed in Cr. Misc. No. 74633 of 2023. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has no criminal antecedent.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Khagaria P.S. Case No. 1370 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Arish/- U T (Rudra Prakash Mishra, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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