Patna High CourtCR. MISC./36204/2020bail granted

Ramesh Bhagat v. The State Of Bihar

2021-02-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36204 of 2020 Arising Out of PS. Case No.-53 Year-2013 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

RAMESH BHAGAT son of Late Bhikhari Bhagat Resident of VillageSahpur Pakdihar, P.S.- Gopalpur, District- Gopalganj. 2.

Rambahadur Sah son of Gorakh Sah Resident of Village- Sahpur Pakdihar, P.S.- Gopalpur, District- Gopalganj.

Harendra Sah @ Harindra Sah son of late Nathuni Sah Resident of VillageSahpur Pakdihar, P.S.- Gopalpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey,Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-02-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioners are in custody since 04.12.2019 in connection with S. Trial No. 137 of 2020, arising out of Gopalpur P.S. Case No. 53 of 2013 for the alleged offences under Sections 147, 148, 149, 342, 452, 323, 324, 307, 109, 353, 332, 333, 379, 380, 337, 338, 435, 436, 427 and 120(B) of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the FIR has been instituted against as many as 32 known and 200 unknown persons. The accusation of assault is general and omnibus and no specific overt act has been

Patna High Court CR. MISC. No.36204 of 2020(2) dt.03-02-2021 2/2 attributed to the petitioners. Other similarly situated co-accused Binod Kumar and Anil Singh have been granted bail by this Court in Cr. Misc. No. 8254 of 2020 (Annexure-3). The petitioners claim clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 04.12.2019, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge, Gopalganj in connection with S. Trial No. 137 of 2020, arising out of Gopalpur P.S. Case No. 53 of 2013, if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T