Mahadeo Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34205 of 2020 Arising Out of PS. Case No.-275 Year-2019 Thana- KOTWA District- East Champaran ====================================================== MAHADEO BHAGAT, Son of Late Jamadar Bhagat, Resident of Village - Kalyanpur Brit, P.S. - Kotwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Informant :

Mr. Uma Shankar Verma, Advocate For the Opposite Party/s :

Mr. Pradeep Narayan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-01-2021 Let the defects be removed within four weeks. Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 323, 324, 307, 354(B), 427 and 504/34 of the Indian Penal Code.

The allegation of commission of assault with dagger is against co-accused Raj Kumar Bhagat. Property dispute is reason behind the occurrence between the two co-sharers. Learned counsel for the informant opposed the prayer for bail on the ground that during investigation, it has come that the petitioner was also one of the assailants with a dagger. If that would have been a fact it must have come in the FIR itself. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.34205 of 2020(2) dt.04-01-2021 2/2 Petitioner is in custody since 12.11.2019. Investigation of the case is already complete against the petitioner. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kotwa Police Station Case No. 275 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T