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Patna High CourtCR. MISC./8864/2016rejected

Umesh Bhagat v. The State Of Bihar

2016-05-23Mr. Justice Kishore K. Mandal2 pages

Patna High Court Cr.Misc. No.8864 of 2016 (3) dt.23-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8864 of 2016 Arising Out of PS. Case No. -98 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Umesh Bhagat S/o Rameshwar Bhagat R/o village - Dakshani Daulatpur, P.S. + District - Jahanabad ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Abhay Kr.Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-05-2016 Heard.

The petitioner seeks anticipatory bail in Jehanabad P.S. case no. 98 of 2015 registered under Sections 307,302/34 of the IPC and Section 27 of the Arms Act.

While the informant was about to reach his home, it is alleged that he saw his father Mahendra Bhagat fleeing away in a bleeding condition. The accused Shambhu Kumar was chasing with sword. The petitioner in the meanwhile also came and fired which scared the informant. On hulla the villagers gathered and the accused fled away. In the house the informant saw his mother lying near the hand pipe dead. The Bhabhi Kavita Devi, his brother Chhotu were also lying in an injured condition who were taken to the hospital .

Patna High Court Cr.Misc. No.8864 of 2016 (3) dt.23-05-2016 The counsel for the informant has submitted that in course of investigation the injured Mahendra Bhagat has supported the prosecution case incriminating the petitioner in the crime/offence. On perusal of the allegations and considering the severity of the offence of which the petitioner is accused as also the materials reflected from the records, I do not find it a fit case for grant of anticipatory bail. His prayer for anticipatory bail is, accordingly, rejected.

(Kishore Kumar Mandal, J) Shyam/- U T