Bibhesh Kumar @ Dimpal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23494 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Bibhesh Kumar @ Dimpal Son of Paltan Singh Resident of Village Amlori PS Muffasil District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504 and 506 of the Indian Penal Code. The prosecution case is that five accused persons including the petitioner came abusing the informant and on protest being made all the accused persons assaulted the informant when the nephew of the informant Sonu Kumar and his wife Kumud Devi came to rescue they were also assaulted. It is further alleged that the accused persons assaulted on the head of the informant also.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.23494 of 2016 (2) dt.25-05-2016 2/2 petitioner that the accusation is omnibus and general against all the accused persons. There is a counter version of the occurrence also.

It is submitted by learned counsel for the informant that though the accusation of assault is omnibus and general in the First Information Report but in subsequent statement the informant has stated that the petitioner assaulted with spade as a result grievous injury has been caused on the occipital region.

Considering the fact that in the FIR the accusation of assault is omnibus and general, it is a case for consideration of prayer for regular bail by the learned court below, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Siwan Muffasil P.S. Case No. 33 of 2016 pending in the court of learned Chief Judicial Magistrate, Siwan.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T