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Patna High CourtCR. MISC./11961/2025allowed

Madan Bhagat v. The State Of Bihar

2025-04-15Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11961 of 2025 Arising Out of PS. Case No.-1132 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Madan Bhagat Son of Late Lalbabu Bhagat @ Lal Babu Bhagat Resident of Village- Semra Bhola Tola, P.S.- Turkauliya, District- East Champaran, Motihari 2.

Sitara Kumari @ Sarita Kumari D/O- Late Lalbabu Bhagat @ Lal Babu Bhagat Resident of Village- Semra Bhola Tola, P.S.- Turkauliya, DistrictEast Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Turkauliya P.S. Case No. 1132 of 2023, G.R. Case No. 6867 of 2023 instituted under Sections 147, 149, 447, 341, 323, 324, 325, 307, 379, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, 11 accused persons including the petitioner due to previous enmity attacked on the informant and his family members causing injuries to them. The allegation against the petitioner no. 1 is that he inflicted farsa blow on the head of the informant's husband.

Patna High Court CR. MISC. No.11961 of 2025(2) dt.15-04-2025 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. He further submits that there is land dispute between the parties due to which the altercation took place between them for which there is case and counter case between the parties. The injuries sustained by the injured are simple in nature. He does not corroborate the allegation against them. Petitioners were not present at the place of occurrence and they have been implicated due to village politics and due to enmity with the informant side. Earlier, three cases have been filed against petitioner no. 1 and two cases against petitioner no. 2. Both the informant and the petitioners are gotiyas. Petitioner no. 2 is a female aged about 23 years. Petitioners undertake to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.11961 of 2025(2) dt.15-04-2025 3/3 of learned C.J.M., East Champaran at Motihari in connection with Turkauliya P.S. Case No. 1132 of 2023, G.R. Case No. 6867 of 2023, subject to the conditions laid down in Section 482

(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) tusharika/- U T