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Patna High CourtCR. MISC./46908/2022bail granted

Rajdeo Singh v. The State Of Bihar

2023-01-03Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46908 of 2022 Arising Out of PS. Case No.-176 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== RAJDEO SINGH Son of Late jugul singh Resident of Village - badgaiea, P.S.- Bikramganj, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Deo Singh, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard Mr. Vikram Deo Singh, learned counsel for the petitioner and Mr. Bharat Bhushan, learned counsel for the State.

The petitioner apprehends his arrest in connection with Bikramganj P.S. Case No. 176 of 2020 for the offence registered under Sections 341, 307, 504 and 34 of the Indian Penal Code.

As per the FIR, the informant has alleged that he was in the field along with buffalo when the accused persons armed variously came and allegation against one Ritesh Kumar is that he gave blow on the head whereafter further allegation against the other accused persons is of beating him. As the villagers assembled, they fled away.

Patna High Court CR. MISC. No.46908 of 2022(2) dt.03-01-2023 2/3 Learned counsel for the petitioner submits that so far as this petitioner is concerned, omnibus allegation is there along with the other accused persons of assaulting the informant. His further submission is that the petitioner is having clean antecedent and lastly it has been submitted that similarly placed co-accuseds have since been granted anticipatory bail vide Cr. Misc. No. 71358 of 2021 on 08.06.2021 by a co-ordinate Bench of this Court.

Learned APP for the State, on the other hand, opposes the prayer stating that there is allegation of assault on the accused persons including the petitioner herein. Taking into account the aforesaid fact that there is omnibus allegation against the petitioner, he has no criminal antecedent and similar placed co-accuseds have since been granted the relief, as stated above, this Court is inclined to grant him the same relief.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, District-Rohtas at Sasaram in connection with

Patna High Court CR. MISC. No.46908 of 2022(2) dt.03-01-2023 3/3 Bikramganj P.S. Case No. 176 of 2020 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/Neha/- U T