Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19429 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== BHUSHAN YADAV, Son of Devnarayan Yadav, Resident of Village - Dibra, P.S.- Barhara, Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 07.02.2019 in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

The prosecution case as per the written report of Kumod Mishra submitted to SHO, Barhara Police Station is to the effect that on 18.01.2019 at about 2.30 P.M., informant was going to Dibra Market for his personal work and as soon as he reached near the house of the petitioner, then all the accused persons including the petitioner started abusing him. On protest being made, all the accused persons tied him with the pillar and assaulted him with lathi, danda, fists and slaps.

Patna High Court CR. MISC. No.19429 of 2019(2) dt.01-04-2019 2/3 When the family members of the informant, namely, Putul Devi and Sanjeev Mishra came to rescue, then they were also assaulted with lathi and danda, as a result, daughter of the informant, Putul Devi received fracture injury in her left hand and son of the informant, Sanjeev Mishra sustained bleeding injury on his head. It is further alleged that the accused persons took away Rs.300/- in the course and also gave life threatening to him.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. For the occurrence of 18.01.2019 at about 2.30 P.M., the FIR has been registered on 19.01.2019 at 2.10 P.M. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the daughter of the informant received grievous injury.

Considering the accusation of assault being omnibus and general against the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, 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

Patna High Court CR. MISC. No.19429 of 2019(2) dt.01-04-2019 3/3 amount each to the satisfaction of learned CJM, Purnea in connection with Barhara P.S. Case No.18 of 2019. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T