Ram Pukar Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.51332 of 2015 (2) dt.25-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51332 of 2015 Arising Out of PS.Case No. -256 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Ram Pukar Bhagat, son of Late Jagdish Bhagat, resident of VillageJamania, Police Station- Parwatta, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kotwali (Barari) P.S. Case No. 256 of 2015 registered for the offences punishable under Sections 364, 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though reference has been made to one Fauzi in the first information report and the petitioner has been attributed to said Fauzi, on account of which, the present petitioner is facing prosecution but except "Fauzi" there is no other reference in the FIR about the petitioner. It is further submitted that admittedly, there is no allegation regarding any enmity between the petitioner and the deceased. Even if, the allegation, made in the first information

Patna High Court Cr.Misc. No.51332 of 2015 (2) dt.25-01-2016 report, assumed to be true, then also, the only allegation against the said Fauzi is of eating and drinking alongwith the deceased. Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner has no criminal antecedent as also there is no material in the case diary to connect the petitioner in the present case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 256 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T