Jitendra Rout And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36935 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ======================================================
1. Jitendra Rout
2. Sanjeev Rout
3. Randhir Rout @ Randhir Kumar All sons of Umakant Rout
4. Premchandra Rout Son of Late Rajdeo Rout All residents of VillageBhatwan, Police Station- Hasanpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Hasanpur P.S. Case No. 121 of 2016, disclosing offences under Sections 447,341,323,325,307,379,504,506/34 of the Indian Penal Code.
From the First Information Report, it appears that allegedly when the informant objected to plucking of mangoes by the accused persons, they assaulted him, his nephew, Pravin Kumar Rai and son Arvind Kumar.
Learned counsel for the petitioners appears to be right
in his submission that allegation of assault on the informant is specific against co-accused Umakant Rout. He appears to be right in his submission that allegation against these petitioners are general and omnibus in nature.
Considering the above, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Rosera, in connection with Hasanpur P.S. Case No. 121 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U T