Phulena Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68149 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- AANDAR District- Siwan ====================================================== 1.

Phulena Bhagat Son of Late Chandradeo Bhagat Resident of Village - Banthu Sriram, P.S. - Ander, District - Siwan. 2.

Mohan Bhagat Son of Late Chandradeo Bhagat Resident of Village - Banthu Sriram, P.S. - Ander, District - Siwan.

3.

Dipak Bhagat Son of Manager Bhagat Resident of Village - Banthu Sriram, P.S. - Ander, District - Siwan.

4.

Akhileshwar Bhagat @ Akhilesh Bhagat Son of Mohan Bhagat Resident of Village - Banthu Sriram, P.S. - Ander, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2019 The petitioners seek bail in connection with Ander P.S. Case No. 84 of 2019 which has been instituted for the offences under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal Code. According to the F.I.R, during the course of panchayati between the informant and one Shatrudhan Bhagat, Shatrudhan Bhagat lost his temper and ordered his people to assault the informant and his uncle. All the accused persons including the petitioners are stated to

Patna High Court CR. MISC. No.68149 of 2019(2) dt.04-12-2019 2/3 have been armed with various weapons. On the orders of Shatrudhan Bhagat, Ram Pravesh Bhagat was caught hold of and was assaulted. When an attempt was made by the informant to save his uncle, Shatrudhan Bhagat is stated to have assaulted the uncle of the informant again by means of a piece of brick leading to injury on his person, who ultimately died.

It has been pointed out by the learned counsel for the petitioners that there was only one injury on the person of the uncle of the informant which is squarely attributable to the co-accused Shatrudhan Bhagat. Though the petitioners have been named in the F.I.R but no specific accusation has been levelled against them. The other accused persons of this case have been granted anticipatory bay by a co-ordinate Bench of this Court.

The petitioners are in custody since 06.06.2019.

Considering the aforestated facts, the

Patna High Court CR. MISC. No.68149 of 2019(2) dt.04-12-2019 3/3 petitioners, above named, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IX, Siwan in connection with Ander P.S. Case No. 84 of 2019.

(Ashutosh Kumar, J) Shageer/- U T