Mukesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18463 of 2024 Arising Out of PS. Case No.-109 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Mukesh Bhagat S/o Rameshwar Prasad Mali @ Rameshwar Bhagat R/o vill - Ramnagar, Sabuni chowk, P.S. - Ramnagar, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354, 420, 406, 34 of the Indian Penal Code.

It is alleged in the F.I.R that when the informant went in the house of the petitioner to demand her money back which she has given to the petitioner, she was surrounded by all the F.I.R named accused persons and assaulted and when family members of the informant came to her rescue, they were also assaulted

Patna High Court CR. MISC. No.18463 of 2024(3) dt.04-04-2024 2/3 by the accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The dispute relates to the civil in nature for which criminal prosecution has been made against the petitioner. The petitioner's side has already paid the principal amount to the informant's side. The petitioner is only order giver and the main allegation of assaulting to informant by means of Bakuwa is levelled upon Raju Bhagat. The petitioner is languishing in custody since 03.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Rubi Devi has been granted bail vide order dated 05.12.2023, passed in Cr. Misc. No. 76891 of 2023 by this Court.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.18463 of 2024(3) dt.04-04-2024 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail, after framing of charge, if not framed, on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 109 of 2022.

(Sunil Kumar Panwar, J) Nirajkrs/- U T