Krishna Bhagat And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12091 of 2016 Arising Out of PS.Case No. -107 Year- 2015 Thana -MAIRWA District- SIWAN ======================================================
1. Krishna Bhagat S/o Kishore Bhagat.
2. Binod Bhagat S/o Faujdar Bhagat. Resident of Village- Mairwa Tola Sakra, P.S.- Mairwa, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Mairwa P.S. Case No. 107 of 2015 registered under Sections 341, 323, 324, 307 and 507/34 of the Indian Penal Code. It is contended by the learned counsel for the petitioners that though the allegation has been made in the FIR that the accused persons assaulted upon the wife and sister-in-law (bhabhi) of the informant by means of iron rod and lathi, a perusal of the injury report would make it evident that the injuries sustained by them are all simple in nature. It is further contended that there is ongoing land dispute between the parties and similarly situated co-accused, namely, Hridya Bhagat @ Hridya
Patna High Court Cr.Misc. No.12091 of 2016 (2) dt.17-03-2016 2/2 Nand Prasad has already been granted pre-arrest bail by a coordinate Bench of this Court vide order dated 08.12.2015 passed in Cr.Misc. No. 55654 of 2015.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners, namely, Krishna Bhagat and Binod Bhagat are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 107 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/- U T