Ram Sakal Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29066 of 2018 Arising Out of PS. Case No.-1125 Year-2017 Thana- SITAMARHI District- Sitamarhi ======================================================

1. Ram Sakal Bhagat.

2. Nagendra Bhagat, both son of Late Ramchandra Bhagat.

3. Rambabu Bhagat.

4. Promod Bhagat @ Pramad Kumar.

5. Chhotu Bhagat @ Chhotu Kumar, All 3, 4 and 5 are sons of Bhikhari Bhagat.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sitamarhi P.S. Case No. 1125 of 2017 registered under Sections 147, 148, 149, 323, 307, 504 and 506 of the Indian Penal Code.

The accusation is that, in the morning of 30.12.2017, eight persons named in the F.I.R. including the petitioners having lathi, stick and iron rod in their hand came near the hand pump of the informant and started to cause assault, in which, informant sustained injury. When Mahadev Kumar, younger brother of the informant, rushed to save him

Patna High Court Cr.Misc. No.29066 of 2018(2) dt.10-05-2018 2/2 then he was also assaulted by them.

Learned counsel for the petitioner submits that, in fact, occurrence took place due to petty dispute, in which, petitioners' side also sustained injury, regarding which, Sitamarhi P.S. Case No. 1124 of 2018 is also instituted against the informant and others on the basis of written report of coaccused, Sita Ram Bhagat. Moreover, the injury, as found on the person of the informant, is simple in nature caused by hard and blunt substance.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 1125 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T