Sabhapati Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74197 of 2018 Arising Out of PS. Case No.-183 Year-2018 Thana- DURAULI DistrictSiwan ====================================================== 1.

Sabhapati Bhagat Son of Late Baidyanath Bhagat 2.

Gajendra Bhagat, Son of Bikaw Bhagat Both are resident of VillageKarom, P.S. Darauli, District- Siwan. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Ranjeet Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 379/34 of the Indian Penal Code registered in connection with Darauli P.S. Case No. 183 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of past dispute and Raghunathpur P.S. Case No. 74 of 2015 had been lodged against the informant by his father. The petitioners are the maternal uncles of the informant and there is ongoing family dispute. The petitioners claim clean antecedents.

4. A perusal of the injury report as contained in the case diary discloses the injuries to be simple in nature.

5. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.74197 of 2018(3) dt.07-03-2019 2/2 petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No. 183 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T