Patna High CourtCR. MISC./45775/2022bail granted

Nand Kishore Verma v. The State Of Bihar

2023-01-02Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45775 of 2022 Arising Out of PS. Case No.-225 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== NAND KISHORE VERMA S/O SRI GANESH VERMA Resident of villageAbgilla, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 225 of 2022 for the offence registered under Sections 341, 323, 326, 307, 504 and 34 of the Indian Penal Code.

As per the prosecution story, the informant has alleged that when he went near his boring, he saw the accused persons illegally running motor by stealing electricity and upon protest, they started assaulting him. The specific allegation has been made against Golu @ Nitish that he assaulted the informant by iron rod on head causing injury to him. So far as the allegation against his associates including the petitioner is concerned, it is omnibus allegation in nature that Golu @ Nitish

Patna High Court CR. MISC. No.45775 of 2022(2) dt.02-01-2023 2/2 along with his associate assaulted him.

Learned APP for the State opposes the prayer for bail and submits that the petitioner was also part of the assault. Taking into account the fact that the specific allegation of assault is against Golu @ Nitish and omnibus allegation is against others including the petitioner herein of causing injury to the informant, this Court is inclined to grant him the relief.

Let the petitioner, in the event of his 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 bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Danapur in connection with Naubatpur P.S. Case No. 225 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/NehaU T