Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36984 of 2021 Arising Out of PS. Case No.-536 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rupesh Kumar Son of Late Jago Saw Resident of Village - Tilokhar, P.S.- Amahra, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Lakhisarai (Amahra) P.S. Case No. 536 of 2020, registered for the offence under Sections 147, 148, 323, 337, 307, 302, 504, 506 of the Indian Penal Code.

As per the F.I.R., this petitioner alongwith other eight named accused persons, on the order of co-accused Naresh Mahto, assaulted on the head of mother of the informant by iron rod, as a result of which, she sustained head injury and during course of treatment died.

It is submitted on behalf of petitioner that no specific allegation of overt act has been alleged against this petitioner. There is general and omnibus allegation against all the accused persons. From perusal of the F.I.R., it is apparent that the

Patna High Court CR. MISC. No.36984 of 2021(2) dt.09-12-2021 2/2 altercation took place between the parties due to discharge of dirty water from the respective houses. It is further submitted that as per post-mortem report, the deceased sustained only one injury on the temporal region. Petitioner has got clean antecedent and he is in custody since 19.01.2021. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. 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 amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Lakhisarai (Amahra) P.S. Case No. 536 of 2020.

(Prabhat Kumar Singh, J.) anay U T