Prabhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70859 of 2022 Arising Out of PS. Case No.-139 Year-2020 Thana- SANGRAMPUR District- Munger ====================================================== PRABHASH KUMAR S/O Gore Lal Singh R/O Village- Rajadih, P.SSangrampur, (Tetia Bamber), District- Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code. As per the prosecution case, allegation against the accused persons including the petitioner is that they assaulted the informant by means of lathi, danda and axe, due to which he sustained injuries on his head and when the family members and the father of the informant came to save him, the accused persons also assaulted them by means of lathi, danda, axe, due to which family members and father of the informant sustained injuries. The father of the informant died while he was on the way to the hospital.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.70859 of 2022(2) dt.05-05-2023 2/2 allegation of commission of assault is general and omnibus in nature. No specific over act is alleged against this petitioner. The similarly situated co-accused namely, Pramod Kumar and Bablu Singh have been granted bail by the co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 36629 of 2021 and Cr. Misc. No. 24617 of 2021 respectively. The petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger in connection with Sangrampur (Tetia Bambar) P.S. Case No. 139 of 2020 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T