Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19844 of 2024 Arising Out of PS. Case No.-22 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== ARJUN KUMAR S/O- RAJESH PATEL R/O- VILLAGE- BHAWANIGANJ, P.S.- MANJHAGARH, DIST.- GOPALGANJ.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the parties.

2. The petitioner seeks bail in a case registered for offence under Sections 341, 323, 324, 307, 504, 302 and 34 of the Indian Penal Code.

3. As per F.I.R., on the alleged date and time of occurrence, while the informant and her mother-in-law were sitting at the door, all the accused persons including this petitioner, due to dispute over drainage of water, came and started abusing and assaulting informant with lathi & danda and when mother-in-law of informant came to save informant, she was also assaulted by accused persons, on account of which, in course of treatment she died.

4. It is submitted on behalf of petitioner that from bare perusal of the F.I.R., it is apparent that there is general and

Patna High Court CR. MISC. No.19844 of 2024(3) dt.19-04-2024 2/2 omnibus allegation and no specific overt act has been alleged against this petitioner. As per F.I.R. itself, due to dispute between the parties over drainage of water, a simple occurrence of assault took place. F.I.R. has been lodged after a delay of seven days. Similarly situated three co-accused persons have already been granted anticipatory bail by this Court, vide order dated 20.02.2024 passed in Cr.Misc. No. 7737 of 2024. Petitioner has got clean antecedent and is in custody since 10.12.2023. Chargesheet has been submitted.

5. Learned A.P.P. for the State vehemently opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Manjhagarh P.S. Case No. 22 of 2023.

(Prabhat Kumar Singh, J) anay U T