Trigun Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22622 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -PANAPUR District- SARAN ===================================================== Trigun Bhagat, son of Late Ram Kishun Bhagat, Resident of village - Bijauli, P.S. - Panapur, District - Saran, Chapra. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jeetendra Narayan, Advocate For the Opposite Party : Mr. Md. Sufiyan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Panapur P.S. Case No. 33 of 2017, registered for the offences punishable under Sections 147, 149, 341, 323, 354, 379 and 504 of the Indian Penal Code.

Allegedly, due to land dispute the petitioner and others F.I.R. named accused persons entered into the house of the informant, started abusing her and threw the flour and when the informant protested, all started assaulting her with lathi, danda and fists and the petitioner with bad intention caught her hair and threw her down and torn the baluze and then Binod Bhagat took out her gold Mangalsutra.

Submission is of false implication and that the petitioner is Bhaisur of the informant, there was no such intention, only simple altercation has taken place and after giving

Patna High Court Cr.Misc. No.22622 of 2017 (3) dt.06-07-2017 2/2 colour she has filed this false case. As a matter of fact, the informant was abusing resulting, altercation has taken place. Binod Bhagat has filed Complaint Case No. 681 of 2017 against the informant and others. During investigation, the police has found the allegation under Section 379 of the I.P.C. false and further has found that accused Shailesh Kumar was not present at that place at the time of occurrence, due to land dispute the petitioner has been implicated and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that there is old land dispute.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Saran at Chapra, in connection with Panapur P.S. Case No. 33 of 2017 (G.R. No.1269 of 2017), subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T