Bhoda Mushar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3891 of 2016 Arising Out of PS.Case No. -181 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================
1. Bhoda Mushar son of Arjun Mushar Resident of Village- Sawath , Police Station Durgawati, District Kaimur at Bhabhua. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 447/34 of the Indian Penal Code. Accusation is of entering into the house of the informant and making assault to him by lathi, danda and ballam. When the mother of the informant came to rescue, she was also being assaulted by the accused persons causing injury on her head.
It is submitted by the learned counsel for the petitioner that accusation of assault is omnibus and general. Though the impugned order reflects that the petitioner has made assault on the head of the informant and the injury on the head has been found to be grievous. There is counter
Patna High Court Cr.Misc. No.3891 of 2016 (2) dt.27-01-2016 versions of the occurrence. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the fact that the accusation of assault in the First Information Report is omnibus and general against all the accused persons, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Durgawati P.S. Case No. 181 of 2015, pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabhua.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T