Vinay Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42080 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Vinay Bhagat Son of Late Kailash Bhagat Village- Minapur, Ward No. 3,P.S.- Minapur, Distt.- Muzaffarpur 2.

Vinod Bhagat @ Binod Bhagat Son of Late Kailash Bhagat VillageMinapur, Ward No. 3, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar, Adv For the Opposite Party/s :

Mr. Umesh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Minapur P.S. Case No. 34 of 2024 dated 18.01.2024 registered for the offences punishable u/s 341, 342, 323, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the other co-accused person are alleged to have invited the husband of the informant for feast. Further it is alleged that the coaccused persons started assaulting the informant brutally with lathi and iron rod and the co-accused with Sachin Bhagat also

Patna High Court CR. MISC. No.42080 of 2024(2) dt.24-06-2024 2/3 abused him. The co-accused assaulted on the head of the informant with intent to kill, causing severe injury. All the accused persons wrapped her in a plastic and threw her in bamboo plumb. In course of mar-pit, the co-accused Nirmala Devi and Chandan Kumar snatched her gold chain, nose ring, gold mangalsutra, silver payal and Rs. 4000/- was snatched by Vinay Bhagat from the pocket of her husband.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is previous family disputes between the parties. It is further submitted that the present F.I.R. has been lodged under the pressure of the informant's husaband and in-laws. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The allegation of theft is supper addition. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 20.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation and the period of

Patna High Court CR. MISC. No.42080 of 2024(2) dt.24-06-2024 3/3 custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Minapur P.S. Case No. 34 of 2024 with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T