Patna High CourtCR. MISC./24660/2016bail granted

Brij Kumar Bhagat And ANR v. The State Of Bihar

2016-07-14Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.24660 of 2016 (4) dt.14-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24660 of 2016 Arising Out of PS.Case No. -878 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. Brij Kumar Bhagat Son of Late Ganesh Bhagat

2. Birendra Kumar Son of Brij Kumar Bhagat Both resident of VillageAmhara, P.S.- Bihta, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Bihta P.S. Case No. 878 of 2015, disclosing offences under Sections 147,148,149,341,323,504,307 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that dispute over passage between the two families is the reason behind institution of the First Information Report. He has further submitted that there is no allegation of assault against these petitioners. The only allegation against these petitioners is that on their instigation, co-accused Umesh Bhagat and Kundan Bhagat assaulted the informant. It has been stated in paragraph 3 of the application that the petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.24660 of 2016 (4) dt.14-07-2016 Considering the above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur ( Patna) in Bihta P. S. Case No. 878 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U