Ashok Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50162 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== ASHOK BHAGAT S/o Srijan Bhagat Resident of Village- Binabari, P.S.- Azamnagar (Salmari O.P.), Distt- Kathihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Informant : Mr. Md. Manzer Karim Adv For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 307, 379, 504 and 506 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused hurled bricks on the informant's wife's head with the intent to kill, causing severe injuries. It is further alleged that the co-accused Lalita Devi also snatched Rs. 1,000/- cash and a silver chain from the informant's wife. When the informant came to rescue, the accused persons caught him too, but he

Patna High Court CR. MISC. No.50162 of 2022(2) dt.13-12-2022 2/2 started shouting and then nearby people came and saved the informant and his wife.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel further submitted that there was no intention to kill the informant's wife. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 08.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per the medical report, the injury is grievous in nature. Considering the aforesaid facts and circumstances of the case, as well as the period of detention, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Katihar, in connection with Aajam Nagar P.S. Case No. 74 of 2022.

The application stands allowed.

Niku/ (Chandra Prakash Singh, J) U T