Ashok Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15081 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
Ashok Bhagat S/O Dwarika Bhagat R/O Village- Khajuriya, Bahadurpur, P.S- Govindganj, Motihari, District- East Champaran, Bihar- 845411. 2.
Dwarika Bhagat S/O Late Ramanand Bhagat R/O Village- Khajuriya, Bahadurpur, P.S- Govindganj, Motihari, District- East Champaran, Bihar845411. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Poonam Kumari, Adv.
Mr. Brahmaputra Singh Ishu, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP For the Informant/s :
Mr. Sanjay Alam, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Govindganj P.S. Case No. 143 of 2024 dated 01.04.2024 registered for the offences punishable u/s 341, 323, 324, 307, 302, 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant's son went to his poultry farm, in the meantime the petitioners and the co-accused persons were assaulting him. Thereafter, the
Patna High Court CR. MISC. No.15081 of 2025(2) dt.13-05-2025 2/3 informant came there to give food to his son then all the coaccused persons tried to catch her with an intent to commit murder, but on halla, all the accused persons fled away. The informant's son died during the course of the treatment.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have been made accused due to village politics. There is general and omnibus allegation against the petitioners. There is no specific allegation of assaulting the informant's son against the petitioners. The petitioners have no concern with the alleged occurrence. The petitioners had no weapon at the time of alleged occurrence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 29.11.2024. The co-accused has already been granted regular bail by this Court vide order dated 05.09.2024 passed in Cr. Misc. No. 50296 of 2024.
5. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the regular bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners
Patna High Court CR. MISC. No.15081 of 2025(2) dt.13-05-2025 3/3 above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) eacg with two sureties of the like amount each to the satisfaction of learned Court of Additional Chief Judicial Magistrate-1st, East Champaran at Motihari in connection with Govindganj P.S. Case No. 143 of 2024, with following conditions:- (i) That the petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
(i) The petitioners are directed to co-operate in the trial before the learned court below.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T