Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50579 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -PANDARAK District- PATNA ====================================================== Shrawan Kumar, Son of Dular Yadav, resident of village - Gopekita, Police Station - Pandarak, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Opposite Party/s : Smt. Asha Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Pandarak P.S. Case No. 128 of 2016 registered under Section 302/34 of the Indian Penal Code.

The petitioner along with 15 other accused persons are said to have brutally assaulted the son of the informant resulting into his death for committing theft of Rs. 8200 from the pocket of the accused Dular Yadav.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific rather omnibus in nature. The petitioner has no concern with the aforesaid occurrence. As a matter of fact, the deceased was assaulted by the villagers suspecting him thief. The petitioner has

Patna High Court Cr.Misc. No.50579 of 2017 (2) dt.18-10-2017 2/2 been languishing in custody since 27.03.2017. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 01.07.2017 passed in Cr. Misc. No. 29385 of 2017 with liberty to renew his prayer for bail after completion of six months in custody or after framing of charge whichever happens earlier. Now the custody period of the petitioner has exceeded six months.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P.S. Case No. 128 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T