Robin Bhagata And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22900 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Robin Bhagata,

2. Sanjay Bhagata .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Dr.Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,307,379 and 504 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case is that on 28.10.2015 at 6 PM the accused persons came, surrounded the informant and Sanjay Bhagata the petitioner no. 2 resorted to fire, thereafter the petitioners assaulted the informant with the butt of rifle and pistol. Rest of the accused persons resorted to fire. Co accused Raj Kishore Bhagata snatched one thousand from the pocket of the informant. When the wife of the informant came to resche she was also assaulted with fists and slaps.

It is submitted by the learned counsel for the petitioners that the informant and his son received superficial simple injury

Patna High Court Cr.Misc. No.22900 of 2016 (2) dt.23-05-2016 2/2 caused by hard and blunt substance. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Other co accused who are alleged to have resorted to fire, have been granted anticipatory bail vide Cr. Misc. No.13730 of 2016. It is further submitted that the informant retracted from the initial version and has filed a petition to that effect before the learned court below.

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 CJM, Khagaria in connection with Chautham P.S. Case No. 128 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T