Rohit Kumar @ Rohit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31690 of 2024 Arising Out of PS. Case No.-661 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.
Rohit Kumar @ Rohit Yadav Son of Tutul Yadav @ Ghanshyam Yadav Resident of Village- Shivnandanpur, P.S- Sultanganj, District- Bhagalpur 2.
Gulshan Yadav @ Gulshan kumar SON OF PAPPU YADAV Resident of Village- Shivnandanpur, P.S- Sultanganj, District- Bhagalpur ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-05-2024 Heard Mr. Suraj Kumar, learned counsel appearing on behalf of the petitioners and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Sultanganj P.S. Case No. 661/2023, registered for the offences punishable under Sections 323, 341, 325, 307, 379 and 34 of the Indian Penal Code.
3. It is alleged that on a telephonic call, the informant along with a mechanic reached at the place of occurrence with the paddy cutting machine. After sometime, the petitioners came there and when the informant demanded his wages some altercation took place. Further allegation has been levelled that all the accused persons including petitioners brutally assaulted
Patna High Court CR. MISC. No.31690 of 2024(2) dt.27-05-2024 2/3 the informant and the mechanic by means of iron rod due to which they sustained several injuries. Further allegation of snatching Rs. 30,000/- and other valuables has also been levelled.
4. Learned counsel appearing on behalf of the petitioners submits that from perusal of the FIR it is evident that general and omnibus allegation has been levelled against the FIR named accused persons. Moreover, the prosecution clearly suggest that the occurrence took place on account of some dispute with respect to wages. Referring to the impugned order, he further submits that though there is discussion of injury but the nature of injury has not been disclosed. It is further contended that the occurrence took place on 23.11.2023 but the FIR has been instituted on 26.11.2023 and the cause of delay has not be explained. He further submits that the petitioners have clean antecedent.
5. On the other hand, learned counsel for the State vehemently opposed the pre-arrest bail application and submits that there is specific allegation against the petitioners that they brutally assaulted the informant and mechanic of the paddy cutting machine.
6. Regard being had to the submissions made on
Patna High Court CR. MISC. No.31690 of 2024(2) dt.27-05-2024 3/3 behalf of the parties and considering the omnibus nature of allegation and delay in the lodging of the FIR, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Sultanganj P.S. Case No. 661 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) tusharika/- U T