Shaligram Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53826 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -PANJWARA District- BANKA ====================================================== Shaligram Bhagat, son of late Chandrika Bhagat, Resident of -Sabalpur, P.S.-Panjwara, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar, Adv. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner. No one appears for the State.

Petitioner is seeking anticipatory bail in connection with Panjwara P.S. Case No.79 of 2017 registered for offences punishable under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that it is a case of false implication because only three days prior to lodging of the present FIR, the present petitioner had lodged Panjwara P.S. Case No.74 of 2017 against the husband and son of the informant in which there were allegations of assault against them. He has further drawn my attention towards Annexure-3 to the application which is lodged by the Mukhiya on the same date i.e. 16.08.2017 just before lodging of the present case in which the Mukhiya has

Patna High Court Cr.Misc. No.53826 of 2017 (2) dt.09-11-2017 stated that the husband and son of this informant came to his office and started abusing him and even assaulted him. It is submitted that it is because of this in revenge the present case has been filed on false and flimsy allegation. The petitioner and the informant are own Gotiyas and they have been fighting on petty issues. Learned counsel points out that the allegation of alleged firing is also not substantiated by any kind of injury on the body of the informant or her family members.

In the facts and circumstances, in case of arrest or surrender of the petitioner within a period of four weeks from today, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Panjwara P.S. Case No.79 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and the petitioner shall immediately join the investigation by reporting to the investigating officer within a period of four weeks.

(Rajeev Ranjan Prasad, J) Arvind/- U T