Chandeshwar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21692 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== CHANDESHWAR BHAGAT S/O BAIDNATH BHAGAT R/o vill - Sihorawa Baraiya Tola, P.S.- Ramgarhwa, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 64 of 2024 instituted for the offences under Sections 376, 511, 452, 380, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that, on 25.12.2023, co-accused Chandra Shekhar Bhagat entered the house of the informant and attempted to commit rape upon her when she resisted. It is further alleged that, later on, all the accused persons including the petitioner entered the informant's house and looted Rs. 70,000/- and vandalized the property.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of more

Patna High Court CR. MISC. No.21692 of 2025(4) dt.16-07-2025 2/2 than two months in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that, as a matter of fact, both the parties are next door neighbours having dispute between them. Petitioner never committed the offence as alleged in the FIR. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.11.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Ramgarhwa P.S. Case No. 64 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T