Shambhu Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34479 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -UCHAKAGAON District- GOPALGANJ ======================================================
1. Shambhu Bhagat, Son of Late Gokhul Bhagat.
2. Ramawati Devi, Wife of Shambhu Bhagat.
3. Tarkeshwar Sah, son of Radha Sah.
All are Residents of Village- Surwania, P.S Uchkagaon, DistrictGopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-09-2016 Heard Sri Ranjan Kumar Jha, learned counsel who was assisted by Sri Dharmveer, learned counsel for the petitioners and learned A.P.P.
Three petitioners apprehending their arrest in Uchkagaon P.S. Case No. 90 of 2016 registered for the offence under section 341, 323, 324, 307, 504/ 34 of Indian Penal Code have prayed for grant of bail in the even of their arrest primarily on the ground that the informant's side of the present case were aggressors and they had committed serious offences against the petitioners and as such from petitioners' side an F.I.R. was lodged vide Uchkagaon P.S. Case No. 89 of 2016 for the offence under section 307 and other allied sections of the Indian Penal
Patna High Court Cr.Misc. No.34479 of 2016 (2) dt.01-09-2016 2/2 Code . By way of referring to the statement made in paragraph no. 10 of the petition it has also been argued that a title suit in between the parties is going on since long and. In view of the facts and circumstances particularly the fact that there was case and counter case in between parties as well as civil litigation was going on the court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the aforesaid three petitioners Shambhu Bhagat, Ramawati Devi and Tarkeshwar Sah be enlarged 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 A.C.J.M. IX, Gopalganj / concerned court in connection with Uchkagaon P.S. Case No. 90 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure .
(Rakesh Kumar, J) Praful/- U T