Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41661 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== RAUSHAN KUMAR S/O SHAMBHU PRASAD SINGH Resident of village- Bhausaula, P.S.- Kudra, District- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43308 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

MANTU KUMAR S/o- Shiv Kumar Singh Resident of Village- Bhausaula, P.S.- Kudra, District - Kaimur at Bhabua.

2.

Chandra Kishor Singh @ Chandan Kishor Morya S/o- Late Budhu Singh Resident of Village- Bhausaula, P.S.- Kudra, District - Kaimur at Bhabua. 3.

Manish Kumar S/o - Shiv Kumar Singh Resident of Village- Bhausaula, P.S.- Kudra, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41661 of 2022) For the Petitioner/s :

Mr. Yogesh Chandra Verms, Sr. Advocate Mr. Viveka Nand Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP For the Informant/s :

Mr. Arvind Kumar Sinha, Advocate (In CRIMINAL MISCELLANEOUS No. 43308 of 2022) For the Petitioner/s :

Mr. Yogesh Chandra Verms, Sr. Advocate Mr. Viveka Nand Singh, APP For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP For the Informant/s :

Mr. Arvind Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 CRIMINAL MISCELLANEOUS No.41661 of 2022 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State.

Patna High Court CR. MISC. No.41661 of 2022(2) dt.12-12-2022 2/3 Learned senior counsel for the petitioner, after some arguments, seeks permission to withdraw the present anticipatory bail application.

Permission is accorded.

Accordingly, the present anticipatory bail application is dismissed as withdrawn.

CRIMINAL MISCELLANEOUS No. 43308 of 2022 Heard learned senior counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. Learned senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that Raushan assaulted by knife causing injury on head of his brother and Brajesh inflicted injury on eye of Deepak.

Learned senior counsel for the petitioner submit that from bare perusal of allegation as alleged in the FIR, it would manifest that there is specific allegation against Roshan of assaulting his brother by knife and Brajesh of inflicting injury on eye of Deepak and as far as these petitioners are concerned,

Patna High Court CR. MISC. No.41661 of 2022(2) dt.12-12-2022 3/3 there is no specific allegation of assault against them rather the allegations are general and omnibus in nature. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners, but are not in a position to rebut the submissions of the learned senior counsel that petitioners are not alleged to have assaulted the injured and allegations are general and omnibus in nature.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kudra P.S. Case No. 134 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T