Dharamnath Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33932 of 2021 Arising Out of PS. Case No.-301 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

Dharamnath Bhagat Son Of Late Aash Narayan Prasad Resident Of Village - Harpur, P.S.- Hathauri, Distt.- Muzaffarpur.

2.

Phula Devi W/O Dharamnath Bhagat Resident Of Village - Harpur, P.S.- Hathauri, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mrs. Bela Singh, Advocate For the Opposite Party :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-03-2022 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Gaighat P.S. Case No.301 of 2020 registered for offences under Sections 272, 273, 414, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 30(a), 41, 56 (b) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners at the very beginning has offered to pay Rs.10,000/- (Rupees ten thousand) each in the Victim Compensation Fund. He has relied upon the order dated 10.08.2021 passed by a coordinate Bench of this

Patna High Court CR. MISC. No.33932 of 2021(3) dt.10-03-2022 2/2 Court in Cr. Misc. No. 29644 of 2021 by which similarly situated co-accused has been granted anticipatory bail. For the reasons mentioned in the order dated 10.08.2021 passed in Cr. Misc. No.29644 of 2021, this application for anticipatory bail is allowed subject to deposit of Rs.10,000/- in the Victim Compensation Fund.

Accordingly, let petitioners, above-named, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Gaighat P.S. Case No.301 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

At the time of furnishing bail bonds and their acceptance, the petitioners will produce the certificate/receipt showing deposit of Rs.10,000/- (Rupees fifteen thousand) each in the Victim Compensation Fund before the court below. In case of default in deposit of Rs.10,000/-, the court below shall not accept their bail bonds.

(Sandeep Kumar, J) BT/- U T