Naresh Bhagat @ Naresh Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43695 of 2019 Arising Out of PS. Case No.-195 Year-2018 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== 1.

NARESH BHAGAT @ NARESH PASWAN AND ORS Son of Sarvan Bhagat Resident of Village - Jadhua Badhai Tola, P.S- Industrial Area, Dist.- Vaishali.

2.

Upendra Bhagat @ Upendra Paswan Son of Naresh Bhagat @ Naresh Paswan Resident of Village - Jadhua Badhai Tola, P.S- Industrial Area, Dist.- Vaishali.

3.

Krishna Bhagat @ Krishan Kumar @ Krishan Bhagat Son of Binda Bhagat Resident of Village - Jadhua Badhai Tola, P.S- Industrial Area, Dist.- Vaishali.

4.

Chitranjan Bhagat @ Chitranjan Paswan Son of Harbansu Bhagat Resident of Village - Jadhua Badhai Tola, P.S- Industrial Area, Dist.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Industrial Area P.S. Case No. 195 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 353, 323, 307, 332, 504, 506, 224, 225 of the Indian Penal Code.

Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners. It is submitted that co-accused Lakhindra Bhagat who was alleged to

Patna High Court CR. MISC. No.43695 of 2019(3) dt.24-09-2019 2/3 have been set free from the Police custody has been granted bail by the court below itself in both the cases.

Learned APP opposes the prayer of anticipatory bail of the petitioners.

Considering the facts and circumstances of the case wherein the allegations against the family members of accused Lakhindar Bhagat seem to be general and omnibus as also that Lakhindar Bhagat has been granted regular bail in both the cases against him as stated in paragraph 12 of the present application and there is no criminal history of these petitioners, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today in connection with Industrial Area P.S. Case No. 195 of 2018 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or

Patna High Court CR. MISC. No.43695 of 2019(3) dt.24-09-2019 3/3 indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T