Butai Bhagat @ Butai Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15298 of 2019 Arising Out of PS. Case No.-18 Year-2015 Thana- JADOPUR District- Gopalganj ====================================================== Butai Bhagat @ Butai Kushwaha Son of Late Brijlal Bhagat @ Late Brijlal Kushwaha Resident of Village - Bhagwanpur, P.S.- Tareya Sujan, DistrictKushinagar (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-03-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Jadopur PS case no. 18 of 2015 registered for the offence punishable under Sections 307, 302 and other sections of Indian Penal Code.

The allegation is regarding the accused persons having assaulted the members of the prosecution party resulting in death of father of the informant and the main allegation of committing murder of the father of the informant is against the co-accused person namely Harkesh Bhagat. A general and omnibus allegation of assaulting the members of the prosecution party has been levelled against the accused persons.

Patna High Court CR. MISC. No.15298 of 2019(2) dt.12-03-2019 2/2 The learned counsel for the petitioner submits that as far as the petitioner is concerned, there is no allegation of any specific overt act as against him and he has been falsely implicated in the present case. It is further submitted that similarly situated co-accused person namely Santosh Prasad has already been enlarged on bail by the learned trial court. The petitioner is said to be having clean antecedent and is languishing in custody since 13.11.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Ari A. Kunal, learned J.M. 1st class, Gopalganj in connection with Jadopur PS case no. 18 of 2015.

(Mohit Kumar Shah, J) rinkee/- U T