Umashankar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57636 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== 1.
UMASHANKAR BHAGAT SON OF BHOLA BHAGAT R/O VILLAGENARHAT, P.S.- G.B. NAGAR, DISTRICT- SIWAN 2.
UMESH BHAGAT SON OF BHOLA BHAGAT R/O VILLAGE- NARHAT, P.S.- G.B. NAGAR, DISTRICT- SIWAN 3.
MANU BHAGAT @ MANU KUMAR SON OF PASHURAM BHAGAT R/O VILLAGE- NARHAT, P.S.- G.B. NAGAR, DISTRICT- SIWAN 4.
ANIL BHAGAT @ ANUJ BHAGAT @ ANUJ KUMAR BHAGAT SON OF KAMALDEO BHAGAT R/O VILLAGE- NARHAT, P.S.- G.B. NAGAR, DISTRICT- SIWAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2022 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code.
As per the prosecution case, while the informant was standing on the road in front of his house co-accused Ajay Bhagat and Anju Bhagat dashed the motor cycle as a result of which informant sustained injury and on protest it is alleged that these petitioners along with other FIR named accused persons came and assaulted the informant and his family members as a result of which four persons sustained injuries. Learned counsel appearing for the petitioners submits
Patna High Court CR. MISC. No.57636 of 2021(2) dt.30-06-2022 2/2 that on the spur of moment the occurrence took place and there was no deliberation. Petitioner No.2 is alleged to have assaulted the informant by sword but injury has been found to be caused by hard and blunt object which shows falsity of allegation made in the FIR. So far other three petitioners are concerned there is general and omnibus allegation against them. It is further submitted that present case is counter blast of GB Nagar PS case No. 33/2021 lodged by father of petitioner No.3. Petitioners have got clean antecedent.
Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Siwan in connection with GB Nagar PS case No. 32/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T