Arjun Pal @ Arjun Prasad Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2102 of 2023 Arising Out of PS. Case No.-487 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== 1.

ARJUN PAL @ ARJUN PRASAD BHAGAT S/o Late Nathun Bhagat R/o Village- Singhaul @ Singhoul, Belaganj, P.S.- Belaganj, Distt- Gaya. 2.

Krishna Bhagat S/o Late Dwarika Bhagat R/o Village- Singhaul @ Singhoul, Belaganj, P.S.- Belaganj, Distt- Gaya. 3.

Dhirendra Kumar @ Dharmendra kumar S/o Arjun Pal @ Arjun Prasad Bhagat R/o Village- Singhaul @ Singhoul, Belaganj, P.S.- Belaganj, DisttGaya. 4.

Deepak Kumar @ Deep Narayan Lal S/o Ganesh Bhagat @ Ganesh Prasad R/o Village- Singhaul @ Singhoul, Belaganj, P.S.- Belaganj, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh Mr. Vishwa Ranjan Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard the parties.

Learned counsel for the petitioners is permitted to correct the name of petitioner no.3 in course of day. The name of petitioner no.3 be read as Dhirendra Kumar in place of Dhirendra Kumar @ Dharmendra Kumar. The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 325, 307, 504, 120(B)/34 of the Indian Penal Code.

Allegedly, the petitioners alongwith other co-accused persons apprehended the son of the informant with the intention

Patna High Court CR. MISC. No.2102 of 2023(2) dt.09-02-2023 2/3 of killing him and assaulted him by means of several weapons due to which he received several injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. There is no specific overt act against the petitioners and no any specific allegation of assault has been attributed against the petitioners. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.2102 of 2023(2) dt.09-02-2023 3/3 court below where the case is pending/Successor Court in connection with Belaganj P.S. Case No.487 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T