Nami Bhagat @ Naami Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53258 of 2013 Arising Out of PS.Case No. -36 Year- 2013 Thana -TARARI District- BHOJPUR ====================================================== Nami Bhagat @ Naami Bhagat, Son of Late Ramdeo Bhagat, Resident of Village-Saidanpur, P.S.-Tarari, District-Bhojpur .... .... Petitioner
Versus
1. The State Of Bihar
2. Lal Bahadur Bhagat, Son of Ramdeo Bhagat, Resident of VillageSaidanpur, P.S.-Tarari, District-Bhojpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Madan Jeet Kumar, Mr. Prabhat Ranjan, Advocates For the Opposite Party : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 504 and 379/34 of the Indian Penal Code registered in connection with Tarari P.S. Case No. 36 of 2013.
3. It is submitted that the petitioner has been falsely implicated due to land dispute for which there is a case and counter case between the parties.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the petitioner (Nami Bhagat @
Patna High Court Cr.Misc. No.53258 of 2013 (8) dt.22-04-2015 2/2 Naami Bhagat) be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Tarari P.S. Case No.36 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) B.T/- U T