Ramesh Bhagat And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42319 of 2016 ======================================================
1. Ramesh Bhagat Son of Baldeo Bhagat
2. Bimal Bhagat Son of Baldeo Bhagat Both resident of village- Jhingaha, P.S.- Motipur, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Sri Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the parties.
This application for grant of anticipatory bail arises out of Motipur P. S. Case No. 166 of 2016, disclosing offences under Sections 147,149,323,341,379 and 504 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the informant and the persons who have been made accused are covillagers. They were having transaction with each other in connection with sale and purchase of maize.
It is alleged in the First Information Report that on the fateful day, when the Informant was coming in his motorcycle with an amount of Rs. 46,600/-, these petitioners stopped him, snatched cash and motorcycle from him.
Learned counsel appearing on behalf of the petitioners has submitted that it seems that some scuffle had taken place between these petitioners and the informant, whereafter, the informant
unnecessarily rushed to the police station and made false statement. According to him, the police, when arrived at the place of occurrence, found the informant's motorcycle lying there. It has further been submitted that the petitioners have clean antecedent and there is no chance that they would flee from the course of justice, if granted anticipatory bail.
Considering the above submission, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, West Muzaffarpur in Motipur P. S. Case No. 166 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/-c U