Rabindra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11691 of 2020 Arising Out of PS. Case No.-440 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

RABINDRA BHAGAT Son of Munar Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj.

2.

Ashu Kumar Son of Bhuali Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj.

3.

Sonu Kumar Son of Bhuali Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj.

4.

Pramod Kumar @ Pramod Bhagat Son of Munar Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj. 5.

Dinesh Kumar @ Dinesh Bhagat Son of Late Musafir Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj. 6.

Sipahi Bhagat Son of Late Motilal Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj.

7.

Jogendra Bhagat @ Yogendra Bhagat Son of Rajpappti Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj. 8.

Bhuali Bhagat Son of Nathuni Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj.

9.

Krishna Kumar @ Krishna Bhagat Son of Sipahi Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj. 10.

Bhulan Bhagat Son of Late Nathuni Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj.

11.

Vishnu Kumar @ Vishun Bhagat Son of Late Nathuni Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj. 12.

Anil Kumar Bhagat @ Anil Bhagat Son of Late Musafir Bhagat Resident of Village - Salona, P.S.- Barauli, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyama Kant Singh, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief

Patna High Court CR. MISC. No.11691 of 2020(2) dt.02-07-2020 2/3 Justice.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Barauli P.S. Case No. 440 of 2019, registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

Prosecution case in brief is that on 28.12.2019 at about 10.00 am, while the informant was at his field, all the accused persons/petitioners variously armed came there and started ploughing their field with tractor by encroaching upon some portion of the informant's land. When the informant protested, all the accused persons assaulted him by rod etc. Coaccused Ravindra Bhagat (petitioner no. 1) assaulted the informant by iron rod causing injuries on head, nose, back and leg.

It is submitted that petitioners have been falsely implicated in this case due to land dispute. There is general and omnibus allegation. There is case and counter case. Moreover, injuries found on the person of informant are simple in nature. Petitioners have got no criminal antecedent.

Considering the facts aforesaid, the petitioners above-

Patna High Court CR. MISC. No.11691 of 2020(2) dt.02-07-2020 3/3 named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Gopalganj in connection with Barauli P.S. Case No. 440 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T