Manoj Bhagat And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21363 of 2018 Arising Out of PS.Case No. -1124 Year- 2017 Thana -SITAMARHI District- SITAMARHI ======================================================
1. Manoj Bhagat Son of Ram Lakshan Bhagat @ Ram Lakshan Singh
2. Ajay Bhagat @ Ajay Kumar Son of Ram Lakshan Bhagat @ Ram Lakshan Singh
3. Sanjay Bhagat @ Sanjay Kumar Son of Ram Lakshan Bhagat @ Ram Lakshan Singh
4. Kiran Kumari D/o Ram Lakshan Bhagat @ Ram Lakshan Singh
5. Ram Ekbal Bhagat Son of Late Surat Bhagat
6. Mahdeo Bhagat Son of Ram Ekbal Bhagat
7. Mukesh Bhagat @ Mukesh Kumar Son of Ram Ekbal Bhagat
8. Rambali Bhagat Son of Ram Ekbal Bhagat All residents of village - Bhasar Machhaha, Maladih North Ward No. 3, Police Station - Sitamarhi, District - Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Sitamarhi P.S.Case No.1124 of 2017 , registered for offences punishable under Sections 147, 148, 149, 323, 307, 504 and 506 of the Indian Penal Code.
Allegation against the petitioners is that they have assaulted the informant and others. There is specific allegation of assault against Ram Lakshan Bhagat.
Submission of the learned counsel for the petitioners is that
Patna High Court Cr.Misc. No.21363 of 2018 (3) dt.20-06-2018 2/2 there is case and counter case between the parties and the injuries are simple in nature.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Sitamarhi P.S.Case No.1124 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T