Navin Bhagat @ Navin Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48820 of 2016 Arising Out of PS.Case No. -376 Year- 2014 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Navin Bhagat @ Navin Kumar Bhagat S/o Mahendra Bhagat Resident of Vill- Luki Nandlalpur, P.S.- Kurhani District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard the parties.

This application has been filed in connection with Kurhani P.S.Case No.376 of 2014 corresponding to G.R.No.2948 of 2014 for the offence under Sections 147, 149, 341, 323, 324,379, 504, 506 and 307 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though there is allegation of assault by „Farsa' on the head of Awadhesh Bhagat but there was no intention to kill him and the injury was found to be lacerated and he is in custody for about six months. Heard learned A.P.P. also, who has opposed the prayer for bail stating that the injury is grievous in nature. Having heard both sides. In view of the fact that the allegation of assault is by "Farsa" but the injury was found to be

Patna High Court Cr.Misc. No.48820 of 2016 (4) dt.23-02-2017 2/3 lacerated.

Considering the fact that the petitioner has remained in custody for about six month, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, J.M. Ist class, Muzaffarpur in connection with Kurhani P.S. Case No.376 of 2014 corresponding to G.R.No.2948 of 2014.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U

Patna High Court Cr.Misc. No.48820 of 2016 (4) dt.23-02-2017 3/3