Santosh Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 47757 of 2023 Arising Out of PS. Case No.-262 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Santosh Bhagat Son Of Gendhari Bhagat Resident Of Village - Dharamraichak, ward no. 6, P.S. - Lakhisarai, Distt. - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Anand, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Lakhisarai P.S. Case No. 262 of 2017 dated 24.06.2017, instituted for the offence punishable under Sections 147, 149, 323, 324, 448, 307, 504 and 379 of the Indian Penal Code.
3. It is alleged that the petitioner along with other coaccused assaulted the informant; his brother and sister in law with iron rod with intention to kill them. It is further alleged that accused persons snatched gold ornaments from informant's sister in law.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No. 47757 of 2023(2) dt.11-08-2023 2/3 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the police have filed a chargesheet in the instant case under Section 147, 149, 323, 341, 504 and 34 of the Indian Penal Code, whereas the Chief Judicial Magistrate, Lakhisarai has been pleased to take cognizance under Section 147, 149, 323, 341, 307, 504 and 34 of the Indian Penal Code. It is further submitted that other similarly situated persons have been granted bail by a Co-ordinate Bench of this court vide order dated 11.09.2017 passed in common case bearing Criminal Miscellaneous No. 41785 of 2017. Lastly, it has been submitted that petitioner has four criminal cases against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Lakhisarai P.S. Case No. 262 of 2017, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to condition as
Patna High Court CR. MISC. No. 47757 of 2023(2) dt.11-08-2023 3/3 laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T