Suresh Prasad Bhagat And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.13121 of 2015 (3) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13121 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Suresh Prasad Bhagat Son of Late Mahabir Bhagat

2. Manish Kumar Son of Suresh Prasad Bhagat

3. Mannu Kumar Son of Suresh Prasad Bhagat All residents of Village Laxmipur, Ward No. 16, Madepura P.S. Madhepura, District Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shankar Pankaj, Advocate Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners are father and sons apprehending their arrest in connection with Madhepura P.S. Case No. 11 of 2015 registered for the offences punishable under Sections 341, 323, 324, 325, 307 and 379/34 the Indian Penal Code. Earlier diary of the present case has been called for which has since been received.

Learned counsel for the petitioners submits that the allegation against the petitioners has been occasioned because of the fact that the petitioners had lodged a case on the same date prior to lodging of the present case by the informant. It is further

Patna High Court Cr.Misc. No.13121 of 2015 (3) dt.01-10-2015 submitted that the three persons came to the Medical shop of the petitioners and demanded Corex Syrup, as they were in the habit of consuming the same, however, on denial by the petitioners, the informant of the present case became aggressive and as a result of which, an altercation took place between the parties. It is further submitted that the petitioners have no criminal antecedent and the injury which is said to have been found on the person, is simple in nature.

Considering the fact that there is case and counter case between the parties and petitioners have no criminal antecedents, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 11 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T