Vishnu Kumar @ Vishnu Rawat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34970 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- JAMUI District- Jamui ====================================================== SUNDAR RAWAT @ SUNDAR KUMAR Son of Dhodhan Mandal Resident of village - Mahisourhi, P.S. - Jamui, Distt. - Jamui ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 35083 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.
VISHNU KUMAR @ VISHNU RAWAT S/O GHAGHAN RAWAT @ DHODHAN MANDAL R/O Village- Mahisourhi, P.S- Jamui, Distt.- Jamui. 2.
Vikash Kumar @ Bikash Kumar @ Dhaicha @ Dhaichu S/O Mahendra Paswan R/O Village- Mahisourhi, P.S- Jamui, Distt.- Jamui. ... ... Petitioners
Versus
The State Of Bihar Jamui ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 34970 of 2023) For the Petitioner/s :
Mr. Sanjay Kumar Mishra For the Opposite Party/s :
Mr. Dinesh Singh (In CRIMINAL MISCELLANEOUS No. 35083 of 2023) For the Petitioner/s :
Mr. Sanjay Kumar Mishra For the Opposite Party/s :
Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 As both these applications arises from the same P.S. Case No., with consent of the parties they have been heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,
Patna High Court CR. MISC. No.34970 of 2023(2) dt.26-07-2023 2/3 148, 149, 341, 323, 186, 332, 307, 504 and 506 of the Indian Penal Code and Section 3⁄4 of Loudspeaker Act pending in the learned court below.
4. As per the prosecution case, petitioners along with 40-50 persons are said to have assaulted the police party with slap and fist when the police party stopped them for doing nuisance.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that the petitioners have been identified by the local chowkidar. He further submits that there is no allegation of assault with any deadly weapon by the petitioners hence no case under Section 307 I.P.C. is made out against the petitioners. He further submits that petitioner of Cr. Misc. No.34970/2023 has got three criminal antecedents and petitioner of Cr. Misc. No.35083/2023 has got no criminal antecedent as stated in para-3 of the bail application.
6. Learned APP for the State opposes the prayer for bail.
7. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegation levelled
Patna High Court CR. MISC. No.34970 of 2023(2) dt.26-07-2023 3/3 against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Jamui P.S. Case No.149/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T