Sadhu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40797 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Sadhu Bhagat, Son of Balmukud Bhagat, Resident of Village-Terasiya, P/SGangabridge, District-Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gangabridge P.S. Case no. 44 of 2017, registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. The accusation is that on 04.05.2017, the informant Vinod Bhagat was unloading the sand over the land, which was purchased by his father for construction of house. At that time, 16 persons named in the F.I.R. including the petitioner came there and stated that he purchased the same from Shiv Kumar Rai, when they started to abuse the informant then he made protest at that time this petitioner gave Dab blow at his head. On raising alarm, Suresh Bhagat, cousin of the informant rushed to save him then Anil Bhagat attempted to assault by means of Garasa, but he catch the Garasa resulting his

Patna High Court Cr.Misc. No.40797 of 2017 (3) dt.07-12-2017 2/2 finger has been cut. When mother of the informant rushed to save him then Jai Prakash Bhagat laid her on the ground by catching her hair. Learned counsel for the petitioner submits that admittedly due to land dispute the occurrence of Marpit took place in which petitioner side also sustained injury regarding which Ganga Bridge P.S. Case No. 47 of 2017 is instituted under sections 147, 148, 149, 341, 323, 307, 379, 447, 448 and 504 of the I.P.C. against informant and other of the present case. Moreover, two incised wound one lacerated wound over right partial region 1-1/2"X1/2"X1/2" lacerated wound over right solder 1/2"X1/2"X1/4".

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M. Vaishali at Hajipur in connection with Gangabridge P.S. Case No. 44 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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