Raushan Bhagat @ Raushan Kumar Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42301 of 2015 Arising Out of PS.Case No. -180 Year- 2014 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Raushan Bhagat @ Raushan Kumar Bhagat son of Luxman Bhagat

2. Murli Bhagat son of late Negh Bhagat

3. Luxman Bhagat son of late Keshri Bhagat

4. Ramjee Bhagat @ Ram Chandra Bhagat son of Keshri Chand Bhagat

5. Arun Bhagat son of Keshri Chand Bhagat, All are resident of villagePaikpar, Police Station- Bhargama, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Ambika Bhagat(Spl .A P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and learned Special P.P. for the State.

The petitioners seek anticipatory bail in connection with Bhargama P.S. Case No. 180 of 2014 registered for the offences punishable under Sections 447, 341, 323, 379, 504/34 of the Indian Penal Code and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.. It is contended that even if the entire allegations are accepted to be true the ingredients of the offence punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act would not be attracted in the

Patna High Court Cr.Misc. No.42301 of 2015 (2) dt.08-10-2015 2/2 present case. It is further contended that all other offences except Section 379 of the Indian Penal Code are bailable in nature Learned Special P.P. appearing for the State has opposed the prayer for bail.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, namely, Raushan Bhagat @ Raushan Kumar Bhagat, Murli Bhagat, Luxman Bhagat, Ramjee Bhagat @ Ram Chandra Bhagat and Arun Bhagat are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Araria in connection with Bhargama P.S. Case No. 180 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T