Raju Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26147 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Raju Bhagat S/o Late Jogendra Bhagat resident of village - Panapur, P.S. Minapur, P.O. Panapur, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Umanath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2015 Petitioner is languishing in custody since 03.02.2015 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 387, 120B of the Indian Penal Code.
It is alleged by Raju Kumar Yadav, driver of the truck and he along with Vikash Kumar, Assistant Driver were going to Kolkata on 01.02.2015 at 8:00 P.M when they parked their truck in a motel. In the meantime, seven to eight persons came and started draining out diesel from the truck, on protest being made they escaped but subsequently they intercepted the truck and brutally assaulted Assistant Driver who subsequently succumbed to the injuries at the P.H.C. The petitioner along with 15 others were named in the First Information Report.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.26147 of 2015 (2) dt.24-07-2015 2/2 petitioner that accusation is omnibus and general and only on suspicion the accusation has been levelled. The postmortem reflects only four injuries caused by hard and blunt substance and considering the general and omnibus allegation against sixteen persons co-accused Bhikhari Rai and Amit Kumar Singh have been granted bail vide Cr. Misc. Nos. 16629 of 2015 and 21903 of 2015. Moreover the investigation has already concluded.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, (West), Muzaffarpur in connection with Motipur P.S. Case No. 16 of 2015.
(Dinesh Kumar Singh, J) Shageer/- U T