Arjun Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71395 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- CHAKAND District- Gaya ====================================================== 1.

Arjun Bhagat S/O Late Bastev Bhagat R/O Village- Sudhana, P.S- Chakand, Distt.- Gaya.

2.

Rekha Devi @ Rekha Kunwar W/O Late Upendra Bhagat R/O VillageSudhana, P.S- Chakand, Distt.- Gaya. 3.

Rahul Kumar S/O Late Upendra Bhagat R/O Village- Sudhana, P.SChakand, Distt.- Gaya. 4.

Amarkant Kumar @ Rohit Kumar S/O Late Upendra Bhagat R/O VillageSudhana, P.S- Chakand, Distt.- Gaya. 5.

Sri Devi @ Siya Devi W/O Arjun Bhagat R/O Village- Sudhana, P.SChakand, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 21-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have filed the instant application for anticipatory bail, apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3. As per the FIR, on the alleged date and time of occurrence the petitioners along with other co-accused persons assaulted Pankaj Kumar, Vikash Malakar, Pritam Kumar, Suraj Kumar, Bhim Bhaga, Reena Devi, Rani Devi, Mahima Kumari. Many of them had sustained head injury. On hulla people of

Patna High Court CR. MISC. No.71395 of 2024(5) dt.21-02-2025 2/3 vicinity assembled. Then the accused persons fled away. While escaping Rahul Kumar snatched a gold chain from neck of Rina Devi.

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have been falsely implicated in this case. The allegations are general and omnibus in nature. Present FIR is counter blast of Chakand P.S. Case No. 144 of 2024 dated 21.05.2024 instituted by petitioner no. 2 against the informant. During investigation, police found the allegation of snatching chain against the petitioner no. 3 false. Both the parties are gotia. The injury report of all the injured suggests that they have sustained simple injury. No repeated blow on the head of any one is found by the doctor. There is case and counter case between the parties. The petitioners have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail

6. Keeping in view of the aforesaid fact and considering the allegation and nature of injury, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks from the date of receipt of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.71395 of 2024(5) dt.21-02-2025 3/3 learned Judicial Magistrate 1st Class, Gaya in connection with Chakand P.S. Case No. 131 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. Accordingly, the instant application stands disposed of. (S. B. Pd. Singh, J) Prakash/- U