Lakhindra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6366 of 2025 Arising Out of PS. Case No.-593 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Lakhindra Bhagat Son of Baidnath Bhagat Resident of Village - Vishunpur Kalyan, Tole - Nawalpur, P.S. - Sahebganj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Naresh Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sahebganj Police Station Case No. 593 of 2020, disclosing offences under Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 19.11.2020, at about 04:00 P:M, petitioner along with other accused persons armed with lathi, danda and pistol came at the house of the informant and assaulted the informant. It has further been alleged that petitioner assaulted the informant by iron rod on head due to which he sustained head injury and the other accused persons, namely, Suresh Bhagat assaulted Rampukar Sahani from the butt of pistol near

Patna High Court CR. MISC. No.6366 of 2025(2) dt.18-03-2025 2/3 the nose and eye.

4. Learned Counsel for the petitioner submits that petitioner has falsely been implicated in the present case due to political rivalry. The petitioner contested the election of PACS in which he was declared as a winner and at present he is the PACS Chairman. Learned counsel further submits that injury caused to the informant is simple in nature and some of the coaccused persons have been granted anticipatory bail except coaccused Suresh Bhagat against which there is direct allegation of assault upon Rampukar Sahani and he sustained grievous injury which would be evident from the injury report which is annexed at Annexure-P/3 of the present application.

5. On the other hand, learned counsel for the State has vehemently opposed the prayer for anticipatory bail and submits that there is direct allegation against the petitioner that he assaulted the informant on his head by iron rod and as per the injury report annexed at Annexure-P/3, the doctor has opined that the injury caused to the informant is serious, however, nature of injury has been described as simple. The petitioner has approached this Court after delay of five years from the date of lodging of FIR.

6. Having regard to the submissions made on behalf

Patna High Court CR. MISC. No.6366 of 2025(2) dt.18-03-2025 3/3 of the parties and taking into consideration the nature of allegation and the fact that there is direct allegation against the petitioner that he assaulted the informant on his head and the petitioner has moved application for anticipatory bail after five years from the lodging of the FIR, I am not inclined to grant the petitioner privilege of anticipatory bail and the same is rejected.

7. Accordingly, the prayer of petitioner for grant of anticipatory bail is rejected.

(Anil Kumar Sinha, J) Siwani/- U T