Ram Swaroop Bhagat @ Ram Swarup Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.48650 of 2015 (02) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48650 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -TEKARI District- GAYA ====================================================== RAM SWAROOP BHAGAT @ RAM SWARUP BHAGAT .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh--Advocate For the Opposite Party/s : Mr. Satyendra Prasad (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner along with others in drunken state intercepted the informant and assaulted him with lathi and danda. They have further snatched away Rs.2,000/-.

At an earlier occasion, prayer for anticipatory bail was moved on behalf of petitioner under Criminal Miscellaneous No.27938 of 2015 whereunder it has been observed "It is a case for consideration of prayer for regular bail, if the injuries are not grievous on surrender of the petitioners within a period of six weeks in connection with Tekari P. S. Case No.59 of 2015, pending before the learned Chief Judicial Magistrate, Gaya." From the order impugned, it is evident that inspite of granting an adjournment, case diary and injury report was not

Patna High Court Cr.Misc. No.48650 of 2015 (02) dt.02-11-2015 produced before the Court concerned which happens to be serious matter and the Senior Superintendent of Police, Gaya will see that no future recurrence of such kind of defiance of Court's order should occur.

Office is directed to communicate upon the Senior Superintendent of Police, Gaya for proper compliance. Injury report has been annexed by the petitioner under Annexure-3, 3/A. As per Annexure-3, one injury has been found over head being lacerated wound, frontal region 2" x 1/8" bleeding from the area, pain and swelling over right forearm, while as per Annexure-3/A, the injury found over hand of informant, on account of fracture radius and ulna has been found grievous. Moreover, petitioner carries omnibus allegation. Accordingly, petitioner, Ram Swaroop Bhagat @ Ram Swarup Bhagat is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Gigar Sah, learned Judicial Magistrate, 1st Class, Gaya/ successor in office in connection with Tekari P. S. Case no.59 of 2015. (Aditya Kumar Trivedi, J) Vikash/- U T