Mauje Lal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19617 of 2019 Arising Out of PS. Case No.-12 Year-2015 Thana- DEWARIA District- Muzaffarpur ====================================================== Mauje Lal Bhagat, aged about 45 years, Sex - Male, Son of Yogendar Bhagat, Resident of Village - Muhabbatpur, P.S.- Deoriya, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Deoriya P.S. Case No. 12 of 2015 registered for the offences punishable under Section 147, 148, 149, 302, 120 B of the Indian Penal Code, Section 27 of the Arms Act and Sections 10, 13, 16B/ 18/ 19/ 20 of UAPA Act.

The prosecution case, as lodged by the informant, is that while her husband was at his shop along with eleven year old son, Bibhat @ Guruji, on hearing the sound of firing, she came and saw six persons brandishing fire arms. However, the petitioner is not identified by the informant. Later on, the eleven year old son came and disclosed that because of land dispute, the petitioner along with other co-accused have killed the

Patna High Court CR. MISC. No.19617 of 2019(7) dt.10-07-2019 2/2 informant's husband and fled away raising slogans in favour of Maoist. The cause of dispute was relating to land property. Learned counsel for the petitioner has submitted that two other co-accused have been granted bail by this Hon'ble Court and also submitted that there is no specific allegation against the petitioner and there is general and omnibus allegation against all the accused persons. The other two accused, namely, Harendra Bhagat and Ramdeo Bhagat have been granted bail by Co-ordinate Bench of this Court because they had already been in custody for more than three years. However, the petitioner is in custody since 25.07.2018. Hence, it is not a fit case for grant of bail.

In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected. However, the petitioner may renew his prayer for bail after six months. (Anjani Kumar Sharan, J) Nasimul/- U T