Murari Bhagat @ Murali Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44723 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Murari Bhagat @ Murali Bhagat S/O Late Devnarayan Bhagat R/O Village Mahuwa Brit, P.S. Rajepur Dist, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajepur P.S. Case No. 28 of 2024 instituted for the offence under Sections 447, 341, 323, 324, 307, 379, 354B, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case as emanated from the FIR is that co-accused persons, including the petitioner have assaulted the informant and his family members by various means. It is alleged that petitioner has assaulted the informant by means of 'farsa'.

Patna High Court CR. MISC. No.44723 of 2024(2) dt.27-06-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-04-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that parties are neighbours. It is next submitted that there is case and counter case between the parties. So far as allegation of giving farsa blow to the informant is concerned, the same does not corroborate with the injury report and injury report reveals that injury is simple in nature. Petitioner's counsel goes on to submit that there is delay of four days in lodging of the FIR.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of accusations, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.44723 of 2024(2) dt.27-06-2024 3/3 below/concerned Court in connection with Rajepur P.S. Case No. 28 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T