Bharat Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35219 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bharat Bhagat Son of late Shital Bhagat Resident of Village- Bakhri Pandhamnath P.s Chakia District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Uma Shankar Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,427,354 and 504/34 of the Indian Penal Code.

It is alleged that the accused persons came variously armed, surrounded the informant and started abusing the informant and on protest being made co accused Rabindra Bhagat caused injury to the informant with farsa on forehead. On alarm being raised, Mahapati Devi, Santlal Kumar and Ram Ayodhya Bhagat came to rescue then co accused Mohan Bhagat caused injury to Mahapati Devi on her palm. The petitioner made indiscriminate assault to Mahapati Devi and stripped her. The accused persons

Patna High Court Cr.Misc. No.35219 of 2015 (2) dt.03-09-2015 2/2 also assaulted Ram Ayodhya Bhagat and Santlal Kumar. It is submitted by the learned counsel for the petitioner that the injuries of Mahapati Devi and others have been found to be superficial simple in nature. There is counter version of the occurrence and the petitioner himself received serious head injury. It is further submitted that for the occurrence of 18.2.2015 the FIR was registered on 7.3.2015. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the delayed lodging of the case and the case lodged by the petitioner side at earlier in point of time where petitioner received serious injury, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari in connection withChakia P.S. Case No. 39 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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