Surendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38472 of 2014 Arising Out of PS.Case No. -83 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Surendra Bhagat son of Ram Dayal Bhagat resident of village - Koa Mohabatpur, P.S. - Lalganj, District - Vaishali. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application seeking grant of anticipatory bail in a case registered for the offence punishable under Sections 147, 149, 323, 324, 447, 379, 308, 504/506 of the Indian Penal Code. On the basis of the First Information Report, learned counsel for the petitioner submits that civil dispute between the parties is the main reason behind institution of the present First Information Report. It has further been stated that for an occurrence said to have taken place on the said date and almost at the same time, there is counter case also. He has submitted that as a matter of fact the present case is counter blast of a case instituted by the side of the petitioner. He further submits though there is allegation in the First Information Report that the petitioner hit the

Patna High Court Cr.Misc. No.38472 of 2014 (2) dt.01-04-2015 P2/2 informant on his head with Farsa causing head injuries but the said allegation stands relied as the injury upon the informant has been found to be simple in nature.

In the facts and circumstances of the case keeping in mind the genies of occurrences as also the fact that the petitioner is said to have no criminal antecedent, let the petitioner Surendra Bhagat, in the event of his arrest / surrender within six weeks from today before the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount, each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 83/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Chakradhari Sharan Singh, J.) Saif/- U T