Jogendra Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27315 of 2018 Arising Out of PS. Case No.-25 Year-2017 Thana- SOHAIL District- Gaya ====================================================== Jogendra Bharti, son of Fakira Bharti, Resident of Village- Shohiya Pakari, P.S. Salaiya, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. Jamil Akhtar For the Opposite Party/s :

Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sohail P.S. Case No. 25 of 2017, registered for the offences punishable under Sections 147, 148, 149, 342, 448, 324 and 302 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein to have assaulted the deceased resulting in his death.

The learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and he is languishing in custody since 09.01.2018.

Per contra, the learned counsel has vehemently opposed the prayer for bail and has submitted that there is specific

Patna High Court Cr.Misc. No.27315 of 2018(3) dt.09-07-2018 2/2 allegation against the petitioner herein of assaulting by Tangi as is apparent from the F.I.R. and the case diary. The learned counsel has referred to a bail order dated 26.04.2018 passed in Criminal Miscellaneous No. 16427 of 2018 to contend that similarly situated co-accused person has been granted bail by this Court.

I find from the said order dated 26.04.2018 that the said co-accused has been granted bail inasmuch as the petitioner has been stated to be main accused, who had assaulted the deceased and against whom specific allegation has been levelled. In view of the aforesaid, I do not find any merit in the present case. Accordingly, the same is dismissed. (Mohit Kumar Shah, J) ajay gupta/- U T