Patna High CourtCR. MISC./53225/2018dismissed

Sarvoday Jamadar @ Subodh Prasad v. The State Of Bihar

2018-10-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53225 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Sarvoday Jamadar @ Subodh Prasad son of Kishori Prasad @ Biral Jamadar resident of village - Maheshpur, Police Station Chiksaura, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 Heard the parties.

This application is for grant of regular bail in connection with S.Tr. No.276 of 2018 arising out of Chiksaura P.S.Case no.16 of 2018 for the offences under Sections 147, 149, 323, 504, 307 of the Indian Penal Code and later on Section 302 of the IPC was added.

Allegation against the petitioner is of assault to the deceased by Garasa causing injury to him.

Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner rather there is general and omnibus allegation against him and other two accused person on that score have been granted

Patna High Court Cr.Misc. No.53225 of 2018 (3) dt.09-10-2018 2/2 bail by a Co-ordinate Bench of this Court, vide order dated 28.6.2018 passed in Cr. Misc. No.32124 of 2018. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the specific allegation of assault by Garasa is against the petitioner and post mortem report also supports the same.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U