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Patna High CourtCR. MISC./3787/2016bail granted

Mohar Bhagat And ANR v. The State Of Bihar

2016-02-10Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3787 of 2016 Arising Out of PS.Case No. -238 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Mohar Bhagat son of Ganpat Bhagat

2. Mahesh Bhagat son of Late Shankar Bhagat Both resident 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. Nachiketa Jha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are in custody since 04.12.2015 in connection with a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that though the petitioners are named in the First Information Report admittedly, the informant is not an eye-witness to the occurrence. It is submitted that the name of the petitioners have been brought in only on the ground of local village politics. He further submits that two other similarly situated persons, namely, Jagdeo Bhagat and Aman Bhagat have been granted bail by a Bench of this Court vide order dated 13.08.2016 passed in C.W.J.C. No. 30411 of

Patna High Court Cr.Misc. No.3787 of 2016 (2) dt.10-02-2016 P2/2 2015.

Considering the aforementioned facts and circumstances and that the petitioners are also similarly situated to those who have been extended the privilege of bail in Cr. Misc. No. 30411 of 2015, let the petitioners abovenamed be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 238 of 2014.

(Anjana Mishra, J) Saif/- U T