Awadhesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44957 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== 1.

Awadhesh Bhagat S/O Mahendra Bhagat R/O Village-Bari Yusufpur, P.SIndustrial Area, District-Vaishali. 2.

Sanjay Bhagat S/O Mahendra Bhagat R/O Village-Bari Yusufpur, P.SIndustrial Area, District-Vaishali. 3.

Runka Devi @ Rinku Devi W/O Dinesh Paswan R/O Village-Bari Yusufpur, P.S-Industrial Area, District-Vaishali.

4.

Dinesh Paswan S/O Nathu Paswan R/O Village-Bari Yusufpur, P.S-Industrial Area, District-Vaishali.

5.

Minta Devi W/O Mahendra Bhagat R/O Village-Bari Yusufpur, P.SIndustrial Area, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Alok Kumar Alok, Advocate For the State :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2022 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Industrial Area P.S. Case No.122 of 2020 registered for offences under Sections 304(B)/34 of the Indian Penal Code. At the very outset, learned counsel for the petitioners

Patna High Court CR. MISC. No.44957 of 2021(2) dt.21-03-2022 2/3 prays for withdrawal of the application on behalf of petitioner no.5, namely. Minta Devi.

Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner no.5, namely, Minta Devi is concerned.

In case petitioner no.5 namely Minta Devi surrenders and prays for regular bail before the court below within a period of four weeks from today, the court below will consider the petition for regular bail of the petitioner without being prejudiced by the fact that anticipatory bail petition has been rejected by this Court.

So far as petitioner nos.1, 2, 3 and 4, namely, Awadhesh Bhagat, Sanjay Bhagat, Runka Devi @ Rinku Devi and Dinesh Paswan are concerned, considering the fact that there is general and omnibus allegation against them and they are junior members of the family, their application for anticipatory bail is allowed.

Accordingly, let petitioner nos.1, 2, 3 and 4, namely, Awadhesh Bhagat, Sanjay Bhagat, Runka Devi @ Rinku Devi and Dinesh Paswan, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two

Patna High Court CR. MISC. No.44957 of 2021(2) dt.21-03-2022 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area P.S. Case No.122 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T