Kishundeo Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20654 of 2021 Arising Out of PS. Case No.-132 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== KISHUNDEO BHAGAT, SON OF LATE HALKHORI BHAGAT, Resident of Village - Madhuaha Mal, P.S.- Rajepur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the six named accused persons are stated to have participated in the occurrence leading to the death of the informant's husband.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No overt act has been alleged against him. The allegation of giving blow with knife is on Mukesh Kumar and Ram Babu Prasad Bhagat. The petitioner is in custody since 29.9.2020. Injury found in the postmortem is attributable to the allegation against co-accused Ram Babu Prasad Bhagat. Mukesh Kumar has been

Patna High Court CR. MISC. No.20654 of 2021(3) dt.22-10-2021 2/2 enlarged on bail vide order dated 30.1.2021 passed in Cr. Misc. no. 14438 of 2020.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation contained in the FIR together with the petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Rajepur P.S. Case no. 132 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar, Motihari, East Champaran.

(Partha Sarthy, J) Spd/- U T