Umesh Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33059 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== Umesh Bhagat, Son of Ram Lakhan Mahto @ Ram Lakhan Bhagat, R/o Village- Fatehpur, P.S.- Rajepur, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the stamp reporter, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Rajepur P.S. Case No. 90 of 2019, registered under Sections 147, 341, 323, 307 and 385 of the Indian Penal Code.
The accusation is that Umesh Bhagat (petitioner) along with his wife, Shatrudhan Bhagat along with his wife,
Patna High Court CR. MISC. No.33059 of 2020(2) dt.15-12-2020 2/3 Ram Lakhan Bhagat along with his wife and Rahul Bhagat variously armed with weapons came at the door of the informant, Sonelal Sah, where he was engaged in construction of the house. At that time, all made demand of ransom of Rs.1,00,000/-. When the informant made protest then Umesh Bhagat (petitioner) gave sword blow causing injury at his head. When the informant started to flee away towards his house then Umesh Bhagat (petitioner) again gave sword blow at the back of his head and thereafter, Shatrudhan Bhagat also gave repeated iron rod blow to him. When his wife reached there to save him then he was also assaulted by them and his son was also assaulted by Rahul Bhagat and Shayam Nandan Bhagat. The cause of occurrence is land dispute while decision was given on 20.05.
2019 in favour of the informant by S.D.M., Chakiya. Learned counsel for the petitioner submits that due to land dispute scuffle started, in which, several persons sustained injury. It is further submitted that petitioner has no criminal antecedent and is in custody since 06.07.2020. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.33059 of 2020(2) dt.15-12-2020 3/3 satisfaction of the S.D.J.M., Sadar, Motihari, in connection with Rajepur P.S. Case No. 90 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T