Ajay Bhagat And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8736 of 2019 Arising Out of PS. Case No.-1017 Year-2018 Thana- SITAMARHI DistrictSitamarhi ======================================================

1. Ajay Bhagat aged about 23 years, male, S/o Sri Ram Laxan Bhagat @ Ram Lakshan Bhagat

2. Manoj Kumar Bhagat, aged about 28 years, male, S/o Sri Ram Laxan Bhagat @ Ram Lakshan Bhagat

3. Chandeshwar Bhagat aged about 34 years, male, S/o Sri Ram Laxan Bhagat @ Ram Lakshan Bhagat

4. Kiran Kumari aged about 20 years, female, D/o Sri Ram Laxan Bhagat @ Ram Lakshan Bhagat

5. Ram Laxan Bhagat @ Ram Lakshan Bhagat aged about 65 years, male, S/o Late Mahavir Bhagat All resident of village-Bhasar Machain South Tola Maldeh, P.S and Distt.- Sitamarhi.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sunil Prasad Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code registered in connection with Sitamarhi P.S. Case No. 1017 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. Injuries resulting from the assault alleged against the petitioners are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners'

Patna High Court Cr.Misc. No.8736 of 2019(2) dt.14-02-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 1017 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner nos. 1, 2, 3 and 5 shall remain physically present and petitioner no. 4 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T