Jagdish Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15428 of 2016 Arising Out of PS.Case No. -371 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jagdish Bhagat Son of Late Ramashish Bhagat,
2. Munna Bhagat, Son of Yogendra Bhagat,
3. Hari Bhagat, Son of Late Ramashish Bhagat,
4. Shastrughan Kumar, Son of Jai Mangal Bhagat,
5. Mohan Sharmajee, Son of Jang Bahadur Bhagat,
6. Sita Ram Bhagat, Son of Late Jageshwar Bhagat,
7. Heera Bhagat, Son of Sita Ram Bhagat,
8. Chandeshwar Bhagat, Son of Yado Lal Bhagat,
9. Pappu Kumar, Son of Sita Ram Bhagat,
10. Dinesh Bhagat, Son of Late Khobari Bhagat,
11. Lal Babu Bhagat, Son of Late Saryug Bhagat,
12. Lallan Prasad, Son of Babu Lal Bhagat, All are resident of village - Bahuara Bhan, P.S. - Madhuban, District - East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shashank Shekhar, Advocate.
For the Opposite Party : Mr. Sanjay Kumar Tiwary, (App).
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2016 Heard both sides.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 379 and 436 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added.
The informant has alleged that when she was feeding the cattle all the named accused persons variously armed came
Patna High Court Cr.Misc. No.15428 of 2016 (2) dt.29-04-2016 2/2 there and asked to remove buffalo from their land and began to abuse and assaulted her, causing injury. The informant's husband and father-in-law came to rescue, but Jai Mangal Bhagat and Jung Bahadur Bhagat assaulted them by Pharsa. The accused persons set the house of the informant ablaze.
It is submitted that there is omnibus and general allegation against the petitioners. On account of land dispute the occurrence took place. There is a counter version. From perusal of the records, it appears that anticipatory bail petition of similarly situated 12 accused persons Bachcha Lal Bhagat and Ors. have already been rejected vide Cr. Misc. No. 12237 of 2016 on 17.03.2016 and the case of the petitioners stands on the same footing.
Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T