Ashok Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 63701 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
Ashok Bhagat S/O Dwarika Bhagat R/o Village- Khajuriya, Bahadurpura, P.S- Govindganj, Motihari, District- East Champaran, Bihar- 845411 2.
Amit Kumar S/O Dwarika Bhagat R/o Village- Khajuriya, Bahadurpura, P.SGovindganj, Motihari, District- East Champaran, Bihar- 845411 3.
Dwarika Bhagat S/O Late Ramanand Bhagat R/o Village- Khajuriya, Bahadurpura, P.S- Govindganj, Motihari, District- East Champaran, Bihar845411 ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Poonam Kumari Mr. Brahmputra Singh For the Informant :
Mr. Abhishek Ranjan For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Govindganj P.S. Case No. 143 of 2024 dated 01.04.2024 registered for the offences punishable u/s 341, 323, 324, 307, 302, 504 and 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, when the informant's son went to his poultry farm, in the meantime the petitioners and
Patna High Court CR. MISC. No. 63701 of 2024(2) dt.20-11-2024 2/3 the co-accused persons were assaulting him. Thereafter, the informant came there to give food to his son then all the coaccused persons tried to catch her with an intent to commit murder, but on halla all the accused persons fled away. The informant's son died during the course of the treatment.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have been made an accused due to village politics. There is general and omnibus allegation against the petitioners. There is no specific allegation of assaulting the informant's son against the petitioners. The petitioners have no concern with the alleged occurrence. The petitioners had no weapon at the time of alleged occurrence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the anticipatory bail petition of the petitioners by submitting that there is specific allegation against the petitioners of committing murder of the informant's son.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the
Patna High Court CR. MISC. No. 63701 of 2024(2) dt.20-11-2024 3/3 petitioners, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioners to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below may consider their prayer for regular bail in accordance with law without being prejudiced by this order.
7. The application stands rejected.
(Chandra Prakash Singh, J) guddukr/- U T