Dashrath Bhagat @ Dashrat Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26075 of 2019 Arising Out of PS. Case No.-377 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== DASHRATH BHAGAT @ DASHRAT BHAGAT Son of Rambabu Bhagat R/o Village- Telkathu, P.S.- M.H. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Hussainganj (M,H. Nagar), P.S. Case No. 377 of 2018, disclosing offences under Sections 341, 323, 324, 325,307, 379, 504/34 and 506 of the Indian Penal Code.

For the same occurrence, case and counter case have been registered. It is evident from two F.I.Rs, which have been brought on record that land dispute is the reason behind the occurrence. There is allegation against the petitioner of having assaulted the husband of the informant with farsa in his head, causing serious injuries.

Learned counsel appearing on behalf of the petitioner has submitted that the present case is a counter case of earlier

Patna High Court CR. MISC. No.26075 of 2019(2) dt.22-04-2019 2/2 case lodged by the petitioner's side. The persons named in the First Information Report have in fact received injuries. He has also submitted that there is no chance of this petitioner fleeing away from the course of investigation or trial. Considering the facts and circumstances, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Siwan in Hussainganj (M.H.Nagar) P.S. Case No. 377 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U