Neel Kamal Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29863 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Neel Kamal Bhagat S/o Sri Sugan Bhagat

2. Hari Shankar Bhagat @ Hari Shankar Pd. S/o Late Mukhdeo Bhagat

3. Nitish Bhagat @ Nitish Kr. Bhagat S/o Sri Prakash Bhagat

4. Sunil Bhagat @ Sunil Kr. Bhagat S/o Rajendra Bhagat All are R/o vill. - Mandrauli, P.S. M.H. Nagar, Distt. - Siwan .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sadanand Paswan (Spl. PP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Learned counsel for the petitioners submits that the application of petitioner No.1 Neel Kamal Bhagat has now become infructuous as he has been taken into custody. The application with respect to petitioner No.1 is dismissed as infructuous.

The petitioners Nos. 2 to 4 are apprehending their arrest in connection with Pachrukhi P.S.Case No. 112 of 2015 registered under Sections 147, 149, 341, 323, 504, 506 of the IPC and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court Cr.Misc. No.29863 of 2015 (3) dt.08-10-2015 So far as petitioners Nos. 2 to 4 are concerned, learned counsel for the petitioners submits that the present petitioners have been implicated on account of village politics and there is case and counter case between the parties. It is further submitted that the present occurrence took place in the medicine shop of the petitioners, which is not a public place nor there is any independent witness to justify the same.

Considering the aforementioned facts and circumstances and that the petitioners have no criminal antecedent, let the petitioners, above named, in the event of their arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Pachrukhi P.S.Case No. 112 of 2015 to the satisfaction of the S.D.J.M., Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) spal/- U