Lakshman Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45763 of 2017 Arising Out of PS.Case No. -83 Year- 2014 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Lakshman Bhagat, Son of Late Butali Bhagat,

2. Mukesh Bhagat, Son of Lakshman Bhagat, Both R/o Village- Phatehpur Khudgas, P.S.- Raghopur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Raghopur P.S.Case No.83 of 2014 instituted for the offences under Sections 341, 324, 307, 379/34 of Indian Penal Code.

As per the written report there is allegation against petitioner no.1 is of assaulting the informant with Barchi causing injury on his chest whereas petitioner no.2 has assaulted the informant with lathi causing injury on his back. It is submitted on behalf of the petitioners that both the petitioners were not sent up for trial by the police after investigation but later on cognizance was taken against these petitioners.

Patna High Court Cr.Misc. No.45763 of 2017 (2) dt.04-10-2017 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Raghopur P.S.Case No.83 of 2014, they shall be released on anticipatory 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 Additional Chief Judicial Magistrate - IV, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) AnilKrSinha/- U