Rohit Kumar @ Rohit Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28663 of 2021 Arising Out of PS. Case No.-203 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Rohit Kumar @ Rohit Vishwakarma, aged about 20 years, male, Son of Shankar Vishwakarma.

2.

Shankar Vishwakarma, aged about 43 years, male, Son of Sahdeo Mistry. Both are resident of Village- Bhane Bigha, P.S.- Makhdumpur, DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Makhdumpur P.S. Case No. 203 of 2019, dated 05.05.2019, instituted for the offences under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code.

Though the petitioners are said to have been part

Patna High Court CR. MISC. No.28663 of 2021(2) dt.13-01-2022 2/3 of the affray but nobody from the side of the informant has received any injury.

It has been submitted on behalf of the petitioners that the accusation against them is absolutely general and omnibus in nature. It has further been submitted that there is a motive behind falsely implicating these petitioners in this case. The brother of petitioner No. 2 had been killed on the same day for which the subject F.I.R. has been registered and in which the members of the prosecution party were put to trial and some of them have been convicted also. Regard being had to the afore-stated background facts and the general nature of accusation against the petitioners with no corresponding injury on any one of the victims, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P.S. Case No. 203 of 2019, subject to the

Patna High Court CR. MISC. No.28663 of 2021(2) dt.13-01-2022 3/3 conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T