Bisheshwar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31011 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== 1.

Bisheshwar Bhagat Son Of Late Chaitu Bhagat Resident Of VillageKamalpur, P.S.- Lalganj, District- Vaishali 2.

Kaleshwar Bhagat Son Of Late Chaitu Bhagat Resident Of VillageKamalpur, P.S.- Lalganj, District- Vaishali 3.

Pawan Bhagat @ Pawan Kumar Sonof Baleshwar Bhagat Resident Of Village- Kamalpur, P.S.- Lalganj, District- Vaishali 4.

Sonu Kumar @ Sonu Kumar Singh Son Of Bisheshwar Bhagat Resident Of Village- Kamalpur, P.S.- Lalganj, District- Vaishali 5.

Subodh Bhagat @ Subodh Kumar Son Of Baleshwar Bhagat Resident Of Village- Kamalpur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 Mr. Kunal Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

2. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 5.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no. 5 is dismissed as withdrawn.

Patna High Court CR. MISC. No.31011 of 2023(3) dt.28-08-2023 2/3

5. Now, this application is being heard only with regard to petitioners no. 1 to 4.

6. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 307, 379, 504, 506, 34 of the Indian Penal Code.

7. As per the prosecution case, the petitioners along with other accused persons are said to have assaulted the informant and his family members.

8. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that there is case and counter case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

9. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.

10. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners no. 1, 2, 3 and 4, be released on bail, in the event of their arrest or surrender

Patna High Court CR. MISC. No.31011 of 2023(3) dt.28-08-2023 3/3 before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Lalganj P.S. Case No.357 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T