Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70141 of 2021 Arising Out of PS. Case No.-228 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== MANISH KUMAR Son of Sri. Baleshwer Singh Resident of village - Misaraulia, P.S.- Jandaha, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Adv.
For the State :
Mr.Lalan Kumar, APP For the Informant : Mr. Ranjeet Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in connection with Jandaha P.S. Case No. 228 of 2021 registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 379 and 504 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 11.10.2021, charge-sheet has been submitted in the case and is a person with clean antecedent and the informant alleges that on orders of Ramsurat Singh, Bipin Singh indiscriminately assaulted the informant on his head with iron rod causing injuries, further Mahesh Singh also assaulted the informant on his left hand with lathi causing fracture and
Patna High Court CR. MISC. No.70141 of 2021(2) dt.27-04-2022 2/3 when he fell down it is alleged that all the accused persons including the petitioner started assaulting the informant. It is next alleged that when the informant's sons and driver came to save him, they were also assaulted and injured by the accused persons. It is next alleged that Ramsurat Singh took out a gold chain worth rupees forty thousand from the neck of the informant along with Rs. 20,300/- from his pocket. The learned counsel submits that from bare perusal of the allegation as alleged in the FIR it would manifest that specific allegation of assault is against Bipin Singh and Mahesh Singh and as far as the present petitioner is concerned, the allegation against him is general and omnibus in nature. The learned A.P.P.
for the State and learned counsel for the informant vehemently opposes the prayer for bail of the petitioner but I am not able to meet the submission of the learned counsel for the petitioner that the allegation against the petitioner is general and omnibus with regard to assault. Considering the fact that petitioner is in custody since 11.10.2021, charge sheet has been submitted in the case and is a person with clean antecedent and there is no specific allegation of assault, let the petitioner above named be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.70141 of 2021(2) dt.27-04-2022 3/3 with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jandaha P.S. Case No. 228 of 2021. (Satyavrat Verma, J) shahzad/- U T