Bhabhikhan Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.20737 of 2016 (2) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20737 of 2016 Arising Out of PS.Case No. -831 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhabhikhan Bhagat, son of Paran Bhagat, resident of village- Khagni, Police Station- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Lalan Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Turkauliya P.S. Case No. 831 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 506, 302 and 120(B) of the Indian Penal Code.

The accusation is that five persons named in the F.I.R. including the petitioner came armed with Lathi and Danta and started to embed the peg. When the father of the informant and other family members made protest then they started to cause assault to them. In that course, father of the informant died at the spot.

Patna High Court Cr.Misc. No.20737 of 2016 (2) dt.17-05-2016 Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to land dispute petitioner and others have falsely been implicated in this case. It is further submitted that father of the informant died due to heart attack, moreover, in the injury report, no external injury was found on the person of the father of the informant. It is further submitted that petitioner has no criminal antecedent and is in custody since 10.12.2015.

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.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 831 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T