Sanjay Bhagat @ Sanjy Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38828 of 2016 Arising Out of PS.Case No. -238 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Sanjay Bhagat @ Sanjy Bhagat

2. Vinay Bhagat @ Vinay Kumar Both Sons of Ram Jatan Bhagat both residents of village - Khoripakar Gopalpur, P.S. Sahebganj, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Sections-302/34 of the Indian Penal Code.

Petitioners are named in the first information report but informant is not an eye witness of the alleged occurrence and from perusal of the impugned order, it would appear that not a single prosecution witness claimed to have seen the actual killing of the deceased rather some witnesses stated that it were petitioners and other FIR named accused, who took the deceased to hospital. Moreover, having more or less similar allegation, several coaccused have already been granted privilege of bail.

Patna High Court Cr.Misc. No.38828 of 2016 (2) dt.20-09-2016 2/2 Accordingly, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sahebganj P.S. Case No. 238 of 2014 to the satisfaction of learned Sub Divisional Judicial Magistrate (West), Muzaffarpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T