Rameshwar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50296 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Rameshwar Bhagat son of Late Ramsundar Bhagat Village- Khajiriya Bahadurpur Ps- Govindganj Dist-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Adv.
For the Opposite Party/s :
Md. Ataur Rahman, APP For the Informant/s :
Mr. Prakash Chandra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Govindganj P.S. Case No. 143 of 2024 dated 01.04.2024 registered for the offences punishable u/s 341, 323, 324, 307, 302, 504 and 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant's son went to his poultry farm, in the meantime the petitioner and the co-accused persons were assaulting him. Thereafter, the informant came there to give food to his son then all the coaccused persons tried to catch her with an intent to commit murder, but on halla all the accused persons fled away. The
Patna High Court CR. MISC. No.50296 of 2024(3) dt.05-09-2024 2/3 informant's son died in course of treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and have falsely been implicated in this case. The petitioner has been made an accused due to village politics. There is general and omnibus allegation against the petitioner. There is no specific allegation of assaulting the informant's son against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner had no weapon at the time of alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024. The co-accused has been granted regular bail by this Court vide order dated 08.07.2024 passed in Cr. Misc. No. 43627 of 2024.
5. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court of Additional Chief Judicial Magistrate-1st, East Champaran at
Patna High Court CR. MISC. No.50296 of 2024(3) dt.05-09-2024 3/3 Motihari in connection with Govindganj P.S. Case No. 143 of 2024, with the condition:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T