Vishwanath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14132 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -BELA District- SITAMARHI ====================================================== Vishwanath Sah, son of late Fauzdar Sah .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506, 379/34 of the Indian Penal Code. Prosecution case is that the petitioner and other accused persons came at the door of the informant, started abusing and assaulting the informant when sons of informant came to rescue they were also assaulted by the accused persons. The accused persons caused fracture injury to the younger son of the informant namely Amit Kumar. The accused persons also took away cash of Rs.3500/- and gold chain from the possession of the son of the informant.
It is submitted by learned counsel for the petitioner
Patna High Court Cr.Misc. No.14132 of 2016 (2) dt.31-03-2016 2/2 that the petitioner is agnate of the informant and the accusation of assault is omnibus and general. Moreover, similarly situated co-accused Ashok Kumar Gupta has been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No.57386/2015.
In view of the above facts, it is a case for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Bela P.S. Case No.153/2015, pending before the learned Judicial Magistrate, 1st Class, Sitamarhi.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T