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Patna High CourtCR. MISC./2378/2023disposed

Shiv Kumar @ Rohit Kumar v. The State Of Bihar

2023-03-27Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2378 of 2023 Arising Out of PS. Case No.-368 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

SHIV KUMAR @ ROHIT KUMAR Son of Pramod Pasi R/V- Sahuka, PsRamgarh, Dist- Kaimur at Bhabhua 2.

Vinod Pasi @ Vinod Kumar Son of Babulal Pasi R/V- Sahuka, Ps- Ramgarh, Dist- Kaimur at Bhabhua 3.

Lallu Pasi @ Raj Kumar Pasi Son of Babulal Pasi R/V- Sahuka, PsRamgarh, Dist- Kaimur at Bhabhua 4.

Bharat Pasi Son of Rajnath Pasi R/V- Sahuka, Ps- Ramgarh, Dist- Kaimur at Bhabhua 5.

Mukesh Pasi @ Mukesh Kumar Son of Ram Ashish Pasi R/V- Sahuka, PsRamgarh, Dist- Kaimur at Bhabhua 6.

Radheshyam Pasi @ Murli Pasi son of Babulal Pasi R/V- Sahuka, PsRamgarh, Dist- Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2023 Vide order dated 01.03.2023, the anticipatory bail application already stood dismissed as withdrawn in respect of petitioner no. 3 (Lallu Pasi @ Raj Kumar Pasi) and petitioner no. 6 (Radheshyam Pasi @ Murli Pasi).

The petitioners (i.e. petitioners no. 1, 2, 4 and 5) apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

Patna High Court CR. MISC. No.2378 of 2023(3) dt.27-03-2023 2/3 On a petty dispute, petitioners are said to have assaulted father of the informant and when other family members came to save him, they were also assaulted. It is further alleged that Bharat Pasi (petitioner no. 4) inflicted dagger blow in the abdomen of father and brother of informant, as a result of which, both injured became unconscious. It is submitted on behalf of petitioners that present case is counter blast of Rambarh P.S. Case No. 372 of 2022, which was lodged by Anita Devi, who is Bhabhi of petitioner no. 2 & 3 against informant side. Except petitioner no. 4, there is general and omnibus allegation against other petitioners. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition and submitted that the injury caused by petitioner no. 4 has been found to be grievous in nature.

Considering the specific accusation of giving dagger blow against petitioner no. 4, due to which, two persons sustained injury, his prayer for anticipatory bail is rejected. So far as other petitioners i.e. petitioners no. 1, 2 & 5, as named above, are concerned, since there is general and omnibus allegation against them, in the event of their arrest/surrender within a period of six weeks from today, they

Patna High Court CR. MISC. No.2378 of 2023(3) dt.27-03-2023 3/3 are directed to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, sub-divisional court Mohania, Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 368 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T