Nitish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52887 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Nitish Yadav son of Gaya Yadav @ Upendra Yadav Village- Thawai PsRafiganj Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukul Kumari , Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 504, 506, 307, 354 and 34 of the Indian Penal Code and 27 of Arms Act .
3. As per prosecution case , all the F.I.R., named accused persons including this petitioner in an inebriated condition misbehaved with informant and also assaulted the prosecution party with lathi and danda as a result of which prosecution party sustained injury .
4. Learned counsel for the petitioner submits that allegation of assault is general and omnibus and no specific overt act levelled against this petitioner. Injuries sustained by injured are simple in nature . Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.52887 of 2024(2) dt.22-08-2024 2/2
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the general and omnibus allegation of assault against this petitioner , nature of injury and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IV Aurangabad in connection with Rafiganj P.S. case No. 108 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T