Patna High CourtCR. MISC./67560/2023bail granted

Usha Devi v. The State Of Bihar

2023-10-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67560 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- FATEHPUR District- Gaya =================================================== === 1.

USHA DEVI WIFE OF SHIV SHANKAR PRASAD RESIDENT OF VILLAGE- RAJA BIGHA, P.S.- FATEHPUR, DISTRICT- GAYA 2.

SHIV SHANKAR YADAV @ SHIV SHANKAR BHARTI SON OF INDERDEO YADAV RESIDENT OF VILLAGE- RAJA BIGHA, P.S.- FATEHPUR, DISTRICT- GAYA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S =================================================== === Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 307 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.67560 of 2023(2) dt.19-10-2023 2/3

3. As per FIR, allegation against these petitioners is that they along with other co-accused persons armed with various weapons assaulted the informant and others.

4. It is submitted on behalf of the petitioners that specific allegation of assault is against co-accused persons. So far as, these petitioners are concerned, there is general and omnibus allegation of assault against them. Injury allegedly caused by them are found simple in nature by the doctor.

5. Learned counsel for the State oppose the bail petition.

6 Considering the fact that there is general and omnibus allegation of assault against this petitioner and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 the learned A . C . J . M.- X Gaya in connection with Fatehpur P.S.

Patna High Court CR. MISC. No.67560 of 2023(2) dt.19-10-2023 3/3 Case No. 176 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T