Om Prakash Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26914 of 2018 Arising Out of PS. Case No.-274 Year-2017 Thana- BHOREY District- Gopalganj ======================================================
1. Om Prakash Bhagat, son of Late Ram Awadh Bhagat.
2. Mulayam Bhagat @ Mulayam Kumar, Son of Awadh Bhagat.
3. Savitri Devi, D/o Late Ram Awadh Bhagat.
4. Sarita Devi @ Sarita Kumari, D/o Late Ram Awadh Bhagat.
5. Manju Kumari, D/o Late Ram Awadh Bhagat.
6. Ranju Kumari, D/o Late Ram Awadh Bhagat.
7. Chhoti Kumari, D/o Late Ram Awadh Bhagat.
8. Bidyawati Devi, Wife of Late Ram Awadh Bhagat.
9. Laxmina Devi, Wife of Late Radha Bhagat,
10. Sangita Devi, Wife of Om Prakash Bhagat. 11.Raj Lalakhi Devi, Wife of Raj Nath All are resident of Bhatwar Tikamgar Chouraha, P.S.- Bhatpara, District- Deoria (U.P.).
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Srivastava, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Bhorey P.S. Case No.274 of 2017, registered for the offence punishable under Sections 341, 323, 504, 379, 147, 148, 149, 324, 354 and 307/34 of the Indian Penal Code.
As per the F.I.R., while the informant was installing hand-pump, the petitioners came with different weapons and
Patna High Court Cr.Misc. No.26914 of 2018(2) dt.04-05-2018 2/3 started hurling abuses and inflicted the informant. Specific allegation has been made against petitioner nos.1 and 2, namely, Om Prakash Bhagat and Mulayam Bhagat @ Mulayam Kumar, to have caused injury on different parts of the body. No specific allegation has been made against petitioner nos. 3 to 11. Looking to the entire facts and circumstances of the case, let the above-named petitioner nos. 3 to 11, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Bhorey P.S. Case no.
274 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
So far the bail of petitioner nos. 1 and 2 is concerned, the same is rejected. However, if the petitioner nos. 1 and 2
Patna High Court Cr.Misc. No.26914 of 2018(2) dt.04-05-2018 3/3 surrender before the Court below within three weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.
(Shivaji Pandey, J) pawan/- U T