Madan Bhagat @ Madan Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8490 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== Madan Bhagat @ Madan Kumar Prasad S/O Bindeshwar Bhagat R/O VillageMadhopur Fulwariya, P.S.- Rajepur, Distt- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Ranjan For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 307, 326, 504, 506 and 120(B) of the Indian Penal Code.
As per the prosecution case, the petitioner along with other have assaulted informant's husband and her father-inlaw by means of iron rod and knife. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR and during the course of investigation he has been roped in the
Patna High Court CR. MISC. No.8490 of 2023(2) dt.18-04-2023 2/2 present case. Similarly situated co-accused have been enlarged on bail by a co-ordinate Bench of this court vide order dated 17.10.2022 passed in Cr. Misc. No. 63811 of 2021. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case and the fact that similarly situated co-accused have been enlarged on bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rajepur P.S. Case No. 51 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T