Dhirendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4673 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- MEHANDIA District- Jehanabad ====================================================== 1.

Dhirendra Bhagat, Son of Dasrath Bhagat Resident of Village - Masuda, P.S.- Mehandia, District - Arwal.

2.

Yogendra Bhagat Son of Dasrath Bhagat Resident of Village - Masuda, P.S.- Mehandia, District - Arwal.

3.

Ravindra Bhagat Son of Dasrath Bhagat Resident of Village - Masuda, P.S.- Mehandia, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Shanker Modi For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 307 and 504/34 of the IPC.

The prosecution case, as per the written report of Meena Devi, submitted to the Station House Officer, Mehandia Police Station, is to the effect that on 05.09.2019 at about 8 A.M., some exchange of hot talk took place between the husband of the informant and the petitioners, in the meantime, petitioner no.2, Yogendra Bhagat assaulted with an iron road on the head of the

Patna High Court CR. MISC. No.4673 of 2020(2) dt.29-02-2020 2/3 husband of the informant and when the younger son of the informant came to rescue him, then he was also assaulted with lathi by petitioner nos. 1 and 3.

It is submitted by learned counsel for the petitioners that in the background of earlier land dispute, the accusation has been levelled against the petitioners. The injury of the son of the informant has been found simple whereas medical opinion with regard to the injury of the husband of the informant, has been kept reserved. It is further submitted that there is counter version of the occurrence also, being Mehandia P.S. Case No. 86 of 2019, lodged by the petitioners' side against the informant's side and three persons from the petitioners' side have also received injuries in the alleged occurrence. 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 the petitioners are named in the FIR with specific accusation.

Considering the genesis of the occurrence and the fact that accusation has been levelled in the background of earlier land dispute, 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 petitioners be released on

Patna High Court CR. MISC. No.4673 of 2020(2) dt.29-02-2020 3/3 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 each to the satisfaction of learned CJM, Arwal in connection with Mehandia P.S. Case No. 87 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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