Vijay Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17990 of 2025 Arising Out of PS. Case No.-632 Year-2024 Thana- BARHARIA District- Siwan ====================================================== Vijay Bhagat Son of Late Triveni Bhagat R/o Village - Sundari, P.S.- Barharia, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Adv For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Barharia P.S. Case No. 632 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 303(2), 109, 352, 351(2) and 3(5) of the BNS.
3. The allegation against the petitioner is to assault informant and others by using lathi, rod, sword etc. causing head and bodily injuries, where alleged assault is caused with an intention to cause death of informant/injured,
Patna High Court CR. MISC. No.17990 of 2025(2) dt.16-04-2025 2/3 where occurrence took place in the background of land dispute.
4. Learned counsel appearing on behalf of the petitioner submitted that occurrence appears free fight in nature, where both parties received injuries and, therefore, it can be safely said that petitioner was not under intention to cause death of the injured namely Ramadhar Bhagat. It is pointed out that nature of injury upon medical examination found simple in nature and non-repeated and, moreover, same appears lacerated caused by hard and blunt substance negating entire allegation false on its face as informant was alleged to be assaulted by this petitioner by using sword. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of the facts and circumstances and by taking note of the fact as alleged occurrence prima-facie appears free fight in nature and upon medical examination nature of injury appears simple and non-repeated, accordingly
Patna High Court CR. MISC. No.17990 of 2025(2) dt.16-04-2025 3/3 the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Siwan/concerned Trial Court where the case is pending in connection with Barharia P.S. Case No. 632 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T