Anil Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57811 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== ANIL KUMAR BHAGAT Son of Late. Chandeshwar Bhagat Resident of village- Shibeshingpur, P.S- Ashok Paper Mill, District- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Ashok Paper Mill P.S. Case No.68 of 2022, registered for the offences punishable under Sections 341, 323, 307, 354(B), 379, 447, 504, 506 and 34 of the Indian Penal Code. The petitioner alongwith other co-accused persons came variously armed in the field of the informant. Co-accused, Vijay Bhagat @ Mantu assaulted the informant by means of farsa on his head causing bleeding injury. The accused persons also assaulted the wife and daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the

Patna High Court CR. MISC. No.57811 of 2022(2) dt.02-01-2023 2/2 parties and one person from the petitioner's side was also killed, which is mentioned in paragraph-12 of the bail petition. It is also submitted that one of the co-accused persons has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 20.12.2022, passed in Cr. Misc. No.53494 of 2022.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the fact that similarly situated co-accused person has already been enlarged on anticipatory bail by a coordinate Bench of this Court, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga in connection with Ashok Paper Mill P.S. Case No.68 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T