Raja Kumar @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35259 of 2019 Arising Out of PS. Case No.-890 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Raja Kumar @ Raja ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anurag Pandey For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner has preferred this application for anticipatory bail, apprehending his arrest in connection with Shastri Nagar P.S.Case No. 890 of 2018 registered for offences punishable under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.
The allegation as per the F.I.R. is that while the informant was sitting in the tea shop, four persons came on a motorcycle, assaulted the informant, as a result of which he sustained fracture of his hand and snatched Rs. 4000/- and threatened to kidnap him. The informant, identified two persons, including the petitioner.
It is submitted by learned counsel for the petitioner that the allegations of assault are general and omnibus, there is no allegation of repetition of assault, Section 307 of the Indian Penal Code is not made and the petitioner has no criminal
Patna High Court CR. MISC. No.35259 of 2019(2) dt.03-06-2019 2/2 antecedent.
Learned A.P.P. appearing on behalf of the State opposes the prayer for bail.
Having considered the facts and circumstances the allegation of assault being vague and omnibus and that the petitioner has no criminal antecedent, let the petitioner, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Shastri Nagar P.S.Case No. 890 of 2018, 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 Additional Chief Judicial Magistrate-IV, Patna, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. (Partha Sarthy, J) sudha/- U T