Shivbachan Bhagat @ Sivbacchan Bhagat @ Shiv Vachan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19075 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== SHIVBACHAN BHAGAT @ SIVBACCHAN BHAGAT @ SHIV VACHAN PRASAD S/O DHANAI BHAGAT R/O MADHOPUR FULAWARIA, P.SRAJEPUR, DISTT- EAST CHAMPARAN PERMANETLY R/O VILLAGE HARPALI, P.S- MINAPUR, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 307, 326, 504, 506 & 120B of the Indian Penal Code.

All the F.I.R. named accused persons including this petitioner are said to have assaulted the husband and father-inlaw of the informant and during course of the treatment the father-in-law succumbed to his injuries.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact,

Patna High Court CR. MISC. No.19075 of 2023(3) dt.23-06-2023 2/2 the petitioner is a menial labourer earning his livelihood outside and it is only to build pressure on account of previous disputes he has been made accused in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Several similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court and the said orders have been annexed as Annexure-P/2 series to this application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rajepur P.S. Case No.51 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T