Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18666 of 2019 Arising Out of PS. Case No.-524 Year-2018 Thana- SHEKHPURA District- Sheikhpura * ====================================================== Umesh Mahto, S/o Late Yadu Mahto @ Jaddu Mahto R/o village- Kare, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Mishra For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504 and 506 of the IPC.

The prosecution case, as per the written report of Md. Umar Daraj @ Jumman, dated 22.07.2018, submitted to the Station House Officer, Sheikhpura Police Station, is to the effect that on 21.07.2018, the informant was sitting at the carpenter shop of one Bhushan, in the meantime, 8-10 accused persons came on 4-5 motorcycles, when on the order of the petitioner, co-accuse Arif Raja assaulted on the stomach of the informant with dagger and co-accused Danish assaulted on the head of the informant with the butt of the pistol, whereas other co-accused

Patna High Court CR. MISC. No.18666 of 2019(2) dt.29-03-2019 2/3 persons assaulted the informant with the spade. It is submitted by learned counsel for the petitioner that specific accusation of assault has been levelled against coaccused Asif Raja and Danish Anjum. The accusation against the petitioner is omnibus and general. It is further submitted that no substantial injury has been caused to the informant and similarly situated co-accused Sarwar and Anjum have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 17.12.2018, passed in Cr. Misc. No. 74039 of 2018. A statement has been made in paragraph no.3 of the petition that apart from the present case, the petitioner is also accused in one other case.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the accusation against the petitioner being omnibus and general, injury of the informant being found simple in nature and other similarly situated co-accused persons being granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.18666 of 2019(2) dt.29-03-2019 3/3 with two sureties of like amount each to the satisfaction of learned CJM, Sheikhpura in connection with Sheikhpura P.S. Case No. 524 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T