Ashok Bhagat @ Ashok Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58192 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== Ashok Bhagat @ Ashok Kumar Bhagat son of Sita Pati Bhagat R/o Bhawanipur, P.S. Bhawanipur, District Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Bhawanipur P. S. Case No. 129 of 2018 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

In the written report it is alleged that husband of the informant was returning on motorcycle with one Munna Mandal and in the way he was shot. Subsequently, he died in the hospital during course of treatment. The informant has raised suspicion against this petitioner and two other accused persons as named in the written report.

Learned counsel for the petitioner has submitted that during investigation, statement of witness Munna Mandal, who

Patna High Court Cr.Misc. No.58192 of 2018(3) dt.30-10-2018 2/3 was accompanying the deceased, was recorded which is available at paragraph no. 17 of the case diary, wherein, he has not taken the name of this petitioner. Learned Sessions has also mentioned in the impugned order statement of witness Lutan Mandal which is available at para 52 of the case diary, wherein, he has stated that he has seen Aman with gun on the motorcycle. The Sessions judge has also mentioned in the impugned order the statement of witness, namely, Manohar Choudhary which is available at para 53 of the case diary, wherein, he has stated that at the time of occurrence he has seen Amit Kumar, who was driving the motorcycle and Aman Bhagat was sitting behind with a gun and they were chasing Ajit Kumar. In this manner, there is no allegation of overt act against this petitioner.

Learned counsel for the informant has appeared and opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM,Purnea, in connection with Bhawanipur P. S. Case No. 129 of 2018 subject to the condition that both the bailers shall be the close relative of the

Patna High Court Cr.Misc. No.58192 of 2018(3) dt.30-10-2018 3/3 petitioner.

(Sanjay Priya, J) shyambihari/- U T