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Patna High CourtCR. MISC./70999/2023allowed

Binod Bhagat @ Vinod Bhagat v. The State Of Bihar

2023-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70999 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- PANAPUR District- Saran ====================================================== 1.

Binod Bhagat @ Vinod Bhagat S/O Ramakishun Bhagat R/O VillageBijauli, Post- Belaur, P.S- Panapur, Distt.- Saran, Bihar- 841410. 2.

Shailesh Kumar @ Shailesh Kumar Bhagat S/O Vinod Bhagat @ Binod Bhagat R/O Village- Bijauli, Post- Belaur, P.S- Panapur, Distt.- Saran, Bihar841410. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioners, and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.

3. As per the FIR, the allegation against the petitioners and other co-accused person is that they assaulted the informant on hand by means of rod and Binod Bhagat assaulted the informant's husband by means of dab and Shailesh Kumar Bhagat assaulted the informant by means of Knife, as a result of which informant sustained grievous injury.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.70999 of 2023(2) dt.28-11-2023 2/2 petitioners are innocent and have falsely been implicated in this case. There is case and counter case and previous enmity between the parties. The injury sustained by the injured is on the vital part of the body but is simple in nature. The petitioners have got clean antecedent.

5. Learned APP for the State opposes the prayer for bail and submits that petitioners.

6. Considering the facts that there is admitted previous enmity between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Panapur P.S. Case No. 42 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T