Vindhyachal Bhagat @ Vindhyachal Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64578 of 2024 Arising Out of PS. Case No.-270 Year-2024 Thana- NOKHA District- Rohtas ====================================================== 1.

Vindhyachal Bhagat @ Vindhyachal Mali Son of Late Dasai Mali @ Babli Mali Resident of Village- Baraon, PS- Nokha, District- Rohtas 2.

Dhiraj Kumar Son of Vindhyachal Bhagat Resident of Village- Baraon, PSNokha, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-12-2024 Heard Mr. Shashi Kant, learned counsel for the petitioners and Mr. Navin Kumar Pandey, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Nokha P.S. Case No. 270/ 2024 dated 20.07.2024 registered for the offence(s) punishable under Section(s) 126(2), 115(2), 329(4), 109 and 3(5) of the BNS and section 27 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioners are that both the petitioners are father and son and the informant is the own brother of the petitioner No.1, from the F.I.R. itself, it is evident that there was a partition

Patna High Court CR. MISC. No.64578 of 2024(4) dt.17-12-2024 2/3 dispute in between both the parties at the time of the alleged occurrence, in the instant matter, three persons are said to have sustained injuries and the injury reports, filed as Annexure-P/3 series, show that all of them sustained simple injuries caused by blunt object and the allegation as to causing firearm injury to the informant by the co-accused Dhanji Kumar is completely false and the same is not corroborated by the injury report. It is further submitted that the petitioners have fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Having considered the above submissions advanced by the petitioners' counsel and mainly taking into account the petitioners' fair and clean antecedent as well as the nature of the allegation appearing against them, this court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Nokha P.S. Case No. 270/ 2024 on furnishing bail bond of Rs. 20,000/-( RupeesTwenty Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.64578 of 2024(4) dt.17-12-2024 3/3 Court concerned, subject to the conditions as laid down under Section 484(2) of the B.N.S.S.

(Shailendra Singh, J) BKS/- U T