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Patna High CourtCR. MISC./75346/2024bail granted

Chinta Devi v. The State Of Bihar

2025-04-11Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75346 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- KONCH District- Gaya ====================================================== 1.

Chinta Devi Wife of Ramashray Bhagat Resident of Village- Kanaushi, PSKonch, District- Gaya 2.

Ravi Kant Kumar @ Ravi Kant Bhagat Son of Ramshray Bhagat Resident of Village- Kanaushi, PS- Konch, District- Gaya 3.

Suman Kumari D/O- Ramashray Bhagat Resident of Village- Kanaushi, PSKonch, District- Gaya 4.

Dharmendra Bhagat @ Devendra Kumar Son of Ramashray Bhagat Resident of Village- Kanaushi, PS- Konch, District- Gaya 5.

Shakti Bhagat @ Shiv Shakti Malakar Son of Shiv Kumar Bhagat Resident of Village- Kanaushi, PS- Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-04-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Konch P.S. Case no.137 of 2024 registered under sections 307, 147, 149, 341, 323 and 325 of the Indian Penal Code.

3. As per the prosecution case, the informant states that 10 named accused persons came to his house and assaulted the father of the informant with lathi and danda on account of

Patna High Court CR. MISC. No.75346 of 2024(5) dt.11-04-2025 2/3 which the father of the informant received injures on his shoulder. It is further alleged that one Tuddu Bhagat assaulted one Manoj Kumar by means of iron rod due to which he got serious injuries on his head and became unconscious. Accused Dharmendra Bhagat assaulted one Sanjay Bhagat owing to which his right and left hands were broken.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. It is only on account of land dispute that the petitioners have been made accused in the present case. There is general and omnibus allegation of assault levelled against petitioner nos. 1, 2, 3 and

5. So far as allegation of assault on Sanjay Bhagat by the petitioner no. 4 is concerned, as per injury report, injuries have been inflicted on the non-vital part of body being left and right hand. So far as injury on Manoj Kumar is concerned, he had received injury on his head but the same is attributable to one Tuddu Bhagat and not the petitioners herein. The petitioners have no criminal antecedent and undertake to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforementioned facts and

Patna High Court CR. MISC. No.75346 of 2024(5) dt.11-04-2025 3/3 circumstances of the case, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Konch P.S. Case no.137 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T