Ravi Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70686 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- HALSI District- Lakhisarai ======================================================

1. Ravi Kumar, S/o-Ramesh Das

2. Anil Das, S/o-Firangi Das

3. Geeta Das, D/o- Chhedi Ravidas

4. Manoj Das, S/o- Amirak Das

5. Daso Das, S/o- Chano Das, All resident of Village- Thekahi, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 448, 323, 307, 504 and 506/34 of the IPC.

The prosecution case, as per the written report of Savita Devi, dated 27.08.2018 submitted to the Station House Officer, Halsi Police Station, is to the effect that nine accused persons including the petitioners used to run the trade of drugs in front of the house of the informant and when the informant protested, all the accused persons assaulted him. It is specifically alleged that co-accused Manohar Das assaulted the informant with Khanti and when on alarm being raised by the informant, other

Patna High Court Cr.Misc. No.70686 of 2018(2) dt.17-12-2018 2/3 family members of the informant came to rescue then they were also assaulted.

It is submitted by learned counsel for the petitioners that for the occurrence of 24.08.2018, the FIR was lodged on 27.08.2018. The specific accusation of assault has been alleged against co-accused Manohar Das, who has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court, vide Cr. Misc. No. 72452 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that there is accusation of assault against the petitioners.

Considering the fact that accusation of assault against the petitioners is omnibus and general and the co-accused, against whom there is specific accusation of assault with Khanti, has been granted privilege of anticipatory bail, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount

Patna High Court Cr.Misc. No.70686 of 2018(2) dt.17-12-2018 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 135 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T