Guddu Bhagat @ Sanjiv Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30152 of 2024 Arising Out of PS. Case No.-924 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.
Guddu Bhagat @ Sanjiv Kumar Bhagat S/o Late Mato Bhagat R/O Sonbersa Kachehri Ward No 09, PS-Saharsa Sadar (Sonbersa Katchahri OP) Dist Saharsa 2.
Shashi Sah @ Shashi Prasad Gupta S/o Late Rajeshwar Sah R/O Sonbersa Kachehri Ward No 09, PS-Saharsa Sadar (Sonbersa Katchahri OP) Dist Saharsa 3.
Bipin Sah S/o Late Rajeshwar Sah r/o Sonbersa Kachehri Ward No 09, PsSaharsa Sadar (sonbersa Katchahri Op) Dist Saharsa, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Maharaj, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Saharsa Sadar (Sonbersa Kachahary) P.S. Case No. 924 of 2023 dated 24.12.2023, instituted for the offence punishable under Sections 147, 148, 323, 307, 379, 504 and 506 of the Indian Penal Code.
3. The prosecution case, in short, is that a scuffle took place with some shop keepers (petitioners of this case) because of the rash and negligent driving of the tractor by the informant. They assaulted the informant and thereafter all the accused
Patna High Court CR. MISC. No.30152 of 2024(2) dt.21-05-2024 2/3 persons fled away.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is a specific allegation against the petitioners that they assaulted on the head and shoulder of the informant with iron rod. The injury report shows that the injuries sustained by the informant are simple in nature caused by hard and blunt substance. There is no allegation of repeated assault by the petitioners. It is also submitted that due to intervention of some well wishers compromise prevailed between the parties and a compromise petition along with permission has also been filed before the lower court on 10.01.2024. Lastly, it has been submitted that they have no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Saharsa Sadar (Sonbersa Kachahary) P.S. Case No. 924 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties
Patna High Court CR. MISC. No.30152 of 2024(2) dt.21-05-2024 3/3 of the like amount each to the satisfaction of the learned C.J.M., Saharsa, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T