Bijendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11113 of 2025 Arising Out of PS. Case No.-624 Year-2024 Thana- MADHAURAH District- Saran ====================================================== 1.

Bijendra Bhagat Son of Shio Dayal Bhagat Resident of Village - Kolua, P.S. - Marhaura, District - Saran 2.

Binod Bhagat Son of Shio Dayal Bhagat Resident of Village - Kolua, P.S. - Marhaura, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners seek bail in connection with Marhaura P.S. Case No. 624 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023

3. As per the prosecution case, petitioners and other accused persons making an unlawful assembly assaulted the son and husband of the informant with slap, fists lathi and danda. They assaulted the son of the informant with a sharp weapon causing injury on his head. Husband of the informant was also hit by co-accused on his head. The assailant took Rs. 5000/-

Patna High Court CR. MISC. No.11113 of 2025(2) dt.06-03-2025 2/3 from the husband of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The present case is counter version of Marhaura P.S. Case No. 625 of 2024 which was registered under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita 2023 by the petitioners' side and in order save themselves, the informant side has lodged the present false case. Learned counsel further submits that the petitioners are innocent and they are co-sharer with the informant side and there is land dispute pending between the parties. On 09.11.2024, a scuffle took place between both the parties in which petitioner no. 2 received head injury and for that case and counter case have been lodged. Petitioners are having antecedent of one case in which they are on bail. Petitioners are in custody since 10.11.2024 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioners and submission of charge sheet, the petitioners above named are directed to be released on

Patna High Court CR. MISC. No.11113 of 2025(2) dt.06-03-2025 3/3 bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura P.S. Case No. 624 of 2024 subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(Arun Kumar Jha, J) Prakash/- U