Ram Chandra Bhagat @ Ram Chandra Prasad And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.25054 of 2017 (2) dt.17-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25054 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -BARHARIA District- SIWAN ======================================================

1. Ram Chandra Bhagat @ Ram Chandra Prasad, Son of Late Ganesh Bhagat.

2. Jaydev Bhagat, Son of Late Ganesh Bhagat. Both Resident of Village Girdharpur, P.S. Barharia, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barharia Police Station Case No. 236 of 2016, disclosing offences under Sections 364/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to him. The petitioners, who are of clean antecedent, have falsely been implicated in this case merely on suspicion. There is no other substantive evidence to suggest their implication in the present case. Moreover, co-accused, Ramakant Bhagat @ Ramakant

Patna High Court Cr.Misc. No.25054 of 2017 (2) dt.17-07-2017 Prasad, Pankaj Kumar @ Pankaj Bhagat, Ujjay Chand Bhagat and Prabhu Bhagal, having more or less similar allegation, has also been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 28605 of 2017. Hence, the petitioners deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barharia Police Station Case No. 236 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T