Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20766 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== MITHILESH KUMAR S/O LATE LALAN SINGH @ RAM LAGAN SINGH Resident of village- Sonawan, P.S.- Didarganj, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad , Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 148, 342, 504, 323, 307, 337, 338, 427, 435, 511, 353 of the Indian Penal Code and 3⁄4 of Prevention of Damage of Property of Public Protection Act 1984.
3. Allegation against this petitioner is that he along with other co-accused persons assembled and assaulted the police party by means of several weapons due to which the informant sustianed injury.
4. It is submitted that allegation of assault is general and omnibus . No specific overt act is alleged against this petitioner. Specific allegation of assault is against other co-
Patna High Court CR. MISC. No.20766 of 2023(3) dt.28-07-2023 2/2 accused person namely Rajesh Kumar and his son.. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 learned Judicial Magistrate-1st Class, Patna City in connection with Didarganj P.S. case no 18 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T