Dharmendra Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70535 of 2018 Arising Out of PS. Case No.-604 Year-2018 Thana- MOHANIYA District- Bhabhua (Kaimur) ======================================================

1. Dharmendra Kumar Son of Ram Badan Prasad

2. Ajay Kumar Son of Late Dukhi Ram

3. Sanni Kumar Son of Dhirendra Kumar Bharti

4. Mithun Kumar Bharati Son of Dhirendra Kumar Bharti

5. Vivek Kumar Bharti Son of Dhirendra Kumar Bharti

6. Upendra Kumar Bharti Son of Late Dularchandra Ram

7. Rocky Kumar Son of Banshidhar Ram

8. Dinesh Kumar Son of Banshidhar Ram All are Resident of VillageStuwarganj Mohania,P.S. Mohania,Distt.-Kaimur(Bhabua) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2019 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek regular bail in connection with Mohania P.S. Case No. 604 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353,333,307,504 of the Indian Penal Code.

The allegation according to prosecution is that the petitioners along with other accused persons had formed unlawful assembly after one person had sustained injury on account of certain dispute and thereafter had manhandled the Sub-Divisional Officer of the area as well as also assaulted him.

Patna High Court Cr.Misc. No.70535 of 2018(3) dt.10-01-2019 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and there is general and omnibus allegation leveled against the members of unlawful assembly and as far as the petitioners are concerned there is no specific allegation of any overt act. It is further submitted that petitioner no.2 is having one criminal antecedent in which he is on bail. The petitioners are stated to be languishing in custody since 10.10.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the abovenamed petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur (Bhabua), in connection with Mohania P.S. Case No. 604 of 2018. (Mohit Kumar Shah, J) khushbu/- U T