Prama Bhagat @ Parma Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45494 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Prama Bhagat @ Parma Bhagat Son Of Jangi Bhagat Village- Chandrahiya, P.S.- Muffasil (MOTIHARI), Dist.- East Champran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Muffasil P.S. Case No. 139 of 2024, instituted for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, petitioner along with other co-accused persons assaulted elder brother and uncle of the informant due to which they sustained injury. It is also alleged that the petitioner has hit the head of the elder brother of the informant with an iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.45494 of 2024(3) dt.25-09-2024 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that both the parties are gotiya. It is further submitted that one injury received by the elder brother of the informant is simple and the other is grievous in nature. There is case and counter case between the parties. The petitioner is in custody since 21.03.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 139 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T