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Patna High CourtCR. MISC./44434/2024disposed

Sanjay Bhagat @ Sanjay Kumar Bhagat v. The State Of Bihar

2024-07-18Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44434 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.

Sanjay Bhagat @ Sanjay Kumar Bhagat S/O Late Satya Narayan Bhagat R/O Mohalla-Naya Tola, Ward No 35, P.S.-KATIHAR Town, Distt-Katihar 2.

Monu Bhagat @ Raj Kumar Bhagat S/O Sanjay Bhagat @ Sanjay Kumar Bhagat R/O Mohalla-Naya Tola, Ward No 35, P.S.-KATIHAR Town, DisttKatihar 3.

Sonu Bhagat @ Raushan Kumar Bhagat S/O Sanjay Bhagat @ Sanjay Kumar Bhagat R/O Mohalla-Naya Tola, Ward No 35, P.S.-KATIHAR Town, Distt-Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. At this stage, the learned counsel appearing on behalf of the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner no.2, Monu Bhagat @ Raj Kumar Bhagat.

3. Permission is accorded.

4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.2, Monu Bhagat @ Raj Kumar Bhagat.

5. The petitioner nos.1 and 3 seek bail in anticipation

Patna High Court CR. MISC. No.44434 of 2024(2) dt.18-07-2024 2/3 of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 504, 506, 325 and 34 of the Indian Penal Code.

6. The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assaulting the injured by Mongra (bamboo stick) repeatedly causing injury on head is against Monu Bhagat and the injury is also said to be grievous, but then, as far as petitioner no.1 and 3 are concerned, the allegation against them is general, omnibus and ornamental in nature.

7. Learned A.P.P. opposes the anticipatory bail application.

8. Considering the submissions made by the learned counsel for the petitioners, the petitioner nos.1 and 3, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Katihar Town P. S. Case No.168 of 2024, subject to the conditions laid down under Section 438(2)

Patna High Court CR. MISC. No.44434 of 2024(2) dt.18-07-2024 3/3 of the Cr.P.C.

9. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T