Subhash Kewani @ Subhash Kumar @ Subhash Kumar Kewani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42734 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- DEO District- Aurangabad ====================================================== SUBHASH KEWANI @ SUBHASH KUMAR @ SUBHASH KUMAR KEWANI Son of Ram Swaroop Kewani Resident of Village-Diwan Bigha, P.S.-Deo, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-07-2019 The petitioner apprehends his arrest in connection with Deo P.S.Case No. 118 of 2018 registered under Sections 147, 148, 149, 307, 323, 325, 341 and 379 of the Indian Penal Code. Allegation against the petitioner, as per FIR, is that he along with other co-accused persons assaulted the informant variously and other persons also causing injuries to them. Learned counsel for the petitioner submits that in the FIR 12 persons have been made accused and the allegation is general and omnibus in nature and there is no specific allegation against the petitioner. He further submits that from the injury report of the informant, it would be evident that one injury is simple in nature and another is said to be grievous found on the back portion of the body. He further submits that other injured persons have also got simple injury. It has further been submitted that similarly situated co-accused persons have been

Patna High Court CR. MISC. No.42734 of 2019(2) dt.10-07-2019 2/2 granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.03.2019 passed in Cr. Misc. No. 16698 of 2019 except one Mritujnay Singh @ Mritunjay Kumar Singh. After having heard learned counsel for the petitioner and taking into consideration the fact that allegation is general and omnibus in nature and the injury found on the person of the informant is simple in nature except one injury caused to the informant which is not on the vital part of the body and further similarly situated co-accused persons have been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Deo P.S.Case No. 118 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.