Amit Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69677 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== Amit Kumar Manjhi Son of Sanjay Manjhi Resident of Village- Amwari, P.S.- Raghunathpur, District- Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr. Randhir Kumar, Advocate For the Opposite Party :

Ms/Mrs.Nirmala Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offence under sections 302/354B/34 of the Indian Penal Code.

The informant alleges that because of a petty scuffle took place in the evening, the petitioner and other accused persons came to her house on the next morning and assaulted her husband with rod, lathi, danda, etc, as a result of which he succumbed to the injuries on the spot.

Learned counsel for the petitioner submits that the altercation took place on a trivial issue. The allegation of assault against the petitioner is general and omnibus and not specific in nature.

As there is allegation that the petitioner and other accused persons assaulted the victim causing his instant death, I am not inclined to grant pre-arrest bail to the petitioner. Prayer for bail is refused with direction to surrender and seek regular bail within six weeks, which would be disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T