Sharda Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23081 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Sharda Bhagat Son of Late Ramawtar Bhagat

2. Bikram Bhagat @ Vikram Bhagat Son of Sharda Bhagat Both are Resident of Village- Bshunpura, P.S.- Kateya, District- Gopalganj. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Kateya P.S.Case No. 29 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 448, 323, 324, 307, 379 and 506 of the Indian Penal Code.

Allegation against petitioner No.1 is of assaulting the brother of informant by spade and petitioner No.2 is of assaulting by bhala.

It has been submitted on behalf of the petitioners that there is case and counter case between the parties and injuries are simple in nature and they are in custody for more than four months.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that injury is on vital part on the brother of informant. Having heard both sides and considering the aforesaid facts and also considering the fact that injuries are simple in

Patna High Court Cr.Misc. No.23081 of 2017 (4) dt.01-08-2017 2/2 nature, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XV, Gopalganj, in connection with Kateya P.S.Case No. 29 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U