Deonarayan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24086 of 2025 Arising Out of PS. Case No.-801 Year-1994 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Deonarayan Bhagat, aged about 60 years, Male, Son of Late Indrasan Bhagat.

2.

Jaynand Bhagat, aged about 66 years, Male, Son of Raj Banshi Bhagat @ Banshi Bhagat.

Both are resident of Village- Bankata, P.S.- Bhore, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Most Gangjali Devi, wife of Shiv Narayan Bhagat, Resident of Bankatta, P.S- Bhorey, District- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Complaint Case No. 801 of 1994 instituted for the offences punishable under Section 302 of the Indian Penal Code.

3. The present bail petition has been filed by the petitioners due to misuse of their bail granted by the Trial Court wherein the petitioners did not appear before the learned Trial Court for two conservatives dates i.e., 18.12.2024 and 15.01.2025.

Patna High Court CR. MISC. No.24086 of 2025(2) dt.01-05-2025 2/3

4. Perused the complaint petition i.e., Complaint Petition No. 801 of 1994 and the impugned order dated 11.03.2025, it appears that this is a case of misuse of bail. Petitioners are absent from the Trial Court since 18.12.2024 but the petitioners could not present before the trial Court where in the petitioners have given last chance for appearance before the Trial Court and the learned Trial Court has cancelled the bail bond of the petitioners and thereafter the petitioners surrender before the trial Court on 11.03.2025, so considering all these aspects of the matter and submissions of learned counsel for the petitioners, I am inclined to grant bail to the petitioners.

5. Accordingly the prayer for bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XV, Gopalganj in Sessions Trial No. 165 of 2004 in connection with Complaint Case No. 801 of 1994 with the following condition:-

6. The petitioners shall remain present before the trial Court till conclusion of the trial and if the petitioners are not present on each and every date fixed by the trial Court, the bail bond of the petitioners shall be cancelled and the learned trial

Patna High Court CR. MISC. No.24086 of 2025(2) dt.01-05-2025 3/3 Court shall take appropriate steps, in accordance with law. (Ramesh Chand Malviya, J) Anand Kr.

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