Bipin Kumar Bhagat @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16677 of 2019 Arising Out of PS. Case No.-1044 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Bipin Kumar Bhagat @ Bipin Kumar Son of Umesh Bhagat @ Umesh Prasad Bhagat Resident of Village-Saptiyahi, at present resident of Kuwar Tola Gangjala Ward No-18, P.S.-Saharsa, Dist.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 307, 504, 506, 302/34 of the Indian Penal Code. The prosecution case in brief is that on the petty issue of putting garbage in front of shop of the informant, dispute arose between the parties and in consequence thereof, the accused persons assaulted the informant's father as a result of which, he sustained injury. He was taken to hospital where the doctor declared him dead. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-09-2018. Charge sheet has already been submitted. General and omnibus allegation has been made against

Patna High Court CR. MISC. No.16677 of 2019(3) dt.29-07-2019 2/2 the petitioner and co-accused Arvind Kumar Bhagat of assaulting the deceased. No specific injury has been attributed against the petitioner. As per postmortem report, there is only one injury on the body of the deceased caused by hard and blunt substance. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 14-03-2019 passed in Cr. Misc. No. 15391 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 1044 of 2018.

(Sudhir Singh, J) A.K.V.//- U T