Ayodhi Bhagat And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42436 of 2018 Arising Out of PS.Case No. -242 Year- 2018 Thana -KUDHNI District- MUZAFFARPUR ======================================================
1. Ayodhi Bhagat, S/o Late Sukhdeo Bhagat,
2. Santosh Bhagat @ Santosh Kumar S/o Ayhodhi Bhagat, Both R/o Vill.- Bazitpur Kodariya, P.S.- Kuhani, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Keshav Shrivastava, Sr. Advocate Mr. Bhubneshwar Prasad For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-07-2018 Heard learned Senior Counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners have been in custody since 28.05.2018 in connection with Kurhani (Turki O.P.) P.S. Case No. 242 of 2018 registered for the offences punishable under Sections 341, 323, 504, 506, 436/34 of the Indian Penal Code. Learned Senior Counsel for the petitioners submits that the entire case is false and fabricated and it is highly improbable that a Gumti which is situated more than half kilometers away from where the informant stays has been set ablaze at 11 O'clock at night and she was the eye-witness to the same. It is further submitted that these two petitioners are having
Patna High Court Cr.Misc. No.42436 of 2018 (2) dt.17-07-2018 2/2 family feud with the informant and it is for the said reason, the petitioners have been implicated in connection with the present case. Learned Senior Counsel for the petitioners further submits that the petitioners are not having any criminal antecedents and have been languishing in jail only on the basis of suspicion and the informant is a woman of quarrelsome nature and had also filed a case under Section 107 of the Cr.P.C. against the present petitioners due to their land dispute between themselves. In view of the aforementioned facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 3rd (West) Muzaffarpur, in connection with Kurhani (Turki O.P.) P.S. Case No. 242 of 2018.
(Anjana Mishra, J) Saif/- U T