Manoj Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53994 of 2016 Arising Out of PS.Case No. -646 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Manoj Kumar Bhagat, Son of Sri Janardan Bhagat, Resident of VillageBhelwa, Police Station and District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhepura P.S. Case No.646 of 2016 registered under Sections 436 and 427/34 of the Indian Penal Code.

The allegation of the informant Yogendra Kumar, Panchayat Secretary of Gram Panchayat-Bhelwa, is that he was informed, on 14.10.2016 in the night, by the present Mukhiya Buchchi Kamti on his mobile about setting the Panchayat office on fire due to which the documents of the Panchayat Office have been burnt. Thereafter, the informant went there and also informed the Block Development Officer, Supply Officer and the

Patna High Court Cr.Misc. No.53994 of 2016 (2) dt.21-12-2016 2/3 Officer Incharge of Matahi. Earlier, on 12.10.2016, the ExMukhiya Manoj Kumar Bhagat (petitioner) had made demand of documents but he had refused. Again, on 14.10.2016, he again made demand of documents on mobile but he again refused. As such, it appeared to the informant that the Ex-Mukhiya Manoj Kumar Bhagat (petitioner) has hand in setting the Panchayat Officer on fire with the help of his associates. Learned counsel appearing on behalf of the petitioner submits that it would appear from the written report of the informant that the name of the petitioner has been figured in the written report on mere suspicion as the petitioner was Ex-Mukhiya of Gram Panchayat-Bhelwa and had made demand of some documents. Except suspicion, there is nothing against the petitioner to connect him in the commission of the alleged offence. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.646 of 2016, subject to the conditions laid down

Patna High Court Cr.Misc. No.53994 of 2016 (2) dt.21-12-2016 3/3 under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T