Rohit Kumar Gupta @ Rohit Kumar@ Nikki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54163 of 2023 Arising Out of PS. Case No.-438 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== 1.
Rohit Kumar Gupta @ Rohit Kumar@ Nikki Son Of Late Mahavir Prasad Resident Of Village- Sundarpur, Ward No. 4, PS- Raxaul, Distt- East Champaran , Motihari 2.
Himanshu Rajput @ Himanshu Kumar Son Of Late Ajay Singh Resident Of Village- Sundarpur, Ward No. 4, PS- Raxaul, Distt- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 342, 323, 307, 504/34 of the Indian Penal Code.
3. As per F.I.R., all the named accused persons including these petitioners threw crackers on the son of the informant and when he raised objection, all the accused persons brutally assaulted him as a result of which he sustained injury.
4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus. It is further submitted that though three persons are alleged to have
Patna High Court CR. MISC. No.54163 of 2023(2) dt.21-08-2023 2/2 assaulted the son of the informant but doctor has found only one injury which is simple in nature.
5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Raxaul (Haraiya) P. S. Case No. 438 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T