Saroj Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70178 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- KINJAR District- Jehanabad ====================================================== Saroj Bhagat, Son of Jwala Bhagat, Resident of Village- Angari, Police Station- Kinjar, District- Arwal.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,337,324 and 307/34 of the IPC.

The prosecution case as per the written report of Md. Mustafa dated 26.6.2018 submitted to the SHO, Kinjar is to the effect that on the same day at 7 A.M. the informant was cleaning blockage of the drainage, in the meantime, three accused persons including the petitioner came armed with danda and assaulted the informant. They also assaulted the two sons of the informant caused bleeding injury. It is also alleged that coaccused Anita Devi and Sunita Devi threw brick bats from the roof of their houses.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.70178 of 2018(2) dt.07-12-2018 2/2 the accusation is omnibus and general. The impugned order suggests that the injury was found to be simple except one, about which opinion has been kept reserved. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the accusation being omnibus and general and the genesis of the occurrence, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Arwal (Jehanabad) in connection with Kinjar P.S. Case No.79 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U