Nathuni Bhagat And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19802 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -BAJPATTI District- SITAMARHI ======================================================
1. Nathuni Bhagat S/o Late Asharfi Bhagat,
2. Manoj Bhagat, Sons of Late Asharfi Bhagat,
3. Lalan Bhagat @ Lalan Kumar Bhagat,
4. Pramod Bhagat @ Pramod Kumar Bhagat, Both Sons of Mahendra Bhagat, R/o Village - Harpurwa, P.S. Bajpatti, District - Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,307 and 379 of the Indian Penal Code.
The prosecution case is that on the alleged date of occurrence the petitioners came variously armed when petitioner no. 1 Nathuni Bhagat assaulted the informant with farsa causing cut injury on head. Petitioner no. 2 Manoj Bhagat assaulted the elder son of the informant namely
Patna High Court Cr.Misc. No.19802 of 2016 (2) dt.04-05-2016 2/3 Sushil Kumar with sword on his head. Petitioner no. 4 Pramod Bhagat assaulted the younger son of the informant namely Mukesh Kumar with iron rod on his head causing cut injury when daughter in law of the informant namely Shakuntala Devi came to rescue then co accused Naveen Kumar assaulted on her head with Chapua garasa. Wife of the informant was assaulted by petitioner no.3 and petitioner no. 4 took out silver chain from the daughter in law of the informant.
It is submitted by the learned counsel for the petitioners that the injury alleged to have been caused by the petitioners have been found to be simple in nature. There is counter version of the occurrence where the petitioners side also received injury. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist
Patna High Court Cr.Misc. No.19802 of 2016 (2) dt.04-05-2016 3/3 Class, Sitamarhi in connection with Bajpatti P.S. Case No. 87 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T