Chhotelal Bhagat @ Chhotelal Lal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5364 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- BHORE District- Gopalganj ====================================================== Chhotelal Bhagat @ Chhotelal Lal Bhagat Son of Sadhu Bhagat Resident of Village - Dhoratha, P.S. - Bhore, District - Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shyama Kant Singh, Advocate For the Opposite Party :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Bhore P.S. Case No. 262 of 2019 for offences under Sections 341, 323, 307, 379 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he assaulted the informant with Farsa on his head but injury no.1 is simple in nature and injury no. 2 is said to have been caused by hard blunt substance.

Learned counsel for the petitioner submits that there is case and counter case between the parties. He further submits that there is delay of eight days in filing the complaint on

Patna High Court CR. MISC. No.5364 of 2020(3) dt.30-06-2020 2/2 15.09.2018 for the alleged occurrence of 07.09.2018 whereas the case on behalf of the petitioner's side was filed on the date of occurrence itself.

Considering the fact that there is case and counter case between the parties; nature of injury is simple and there is delay of eight days in filing the complaint, this Court is inclined to grant bail to him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail 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 Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No. 262 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to further condition that on release, the petitioner shall render his service as volunteer in the District Health Centre for a period of one month in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the petitioner appropriately. (Anil Kumar Upadhyay, J) BT/- U T