Raj Kumar Bhagat @ Raj Kumar Bhakat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17040 of 2019 Arising Out of PS. Case No.-436 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== RAJ KUMAR BHAGAT @ RAJ KUMAR BHAKAT Son of Late Bishwanath Bhagat, Resident of Village-Bisarpatti, P.S-Saraiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== 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 instituted for the offences under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation in short is that the accused persons assaulted and fired at her husband of the informant due to which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.9.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. As per the F.I.R., allegation of

Patna High Court CR. MISC. No.17040 of 2019(3) dt.29-07-2019 2/2 firing upon the deceased has been made against the petitioner and other co-accused namely Sanjay Bhagat. The informant is not an eye witness. Her re-statement has been recorded in paragraph 7 of the case diary where she has not named the petitioner as one of the person who made firing. Specific allegation is made against co-accused Sanjay Bhagat who is said to have fired upon the deceased. The post-mortem report also shows single fire arms injury with wound of entry and exit. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.C.J.M. 1st, West, Muzaffarpur in connection with Saraiya P.S. Case No. 436/18, G.R. No. 3307/2018. (Sudhir Singh, J) Pankaj/- U T