Kailash Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73665 of 2022 Arising Out of PS. Case No.-194 Year-2022 Thana- NAUTAN District- Siwan ====================================================== 1.
KAILASH BHAGAT Son of Narbda Bhagat Resident of VillageMishrichak, P.S.- Nautan, District- Siwan 2.
SHIVAJI BHAGAT @ SHIVJI BHAGAT Son of Mahangi Bhagat Resident of Village- Mishrichak, P.S.- Nautan, District- Siwan 3.
BABAN BHAGAT Son of Kailash Bhagat Resident of Village- Mishrichak, P.S.- Nautan, District- Siwan 4.
SAMINATH BHAGAT @ SWAMINATH BHAGAT Son of Late Kundan Bhagat Resident of Village- Mishrichak, P.S.- Nautan, District- Siwan 5.
ARJUNA BHAGAT @ ARJUN BHAGAT Son of Narbada Bhagat Resident of Village- Mishrichak, P.S.- Nautan, District- Siwan 6.
JAWAHIR BHAGAT @ JAWAHAR BHAGAT Son of Mahangi Bhagat Resident of Village- Mishrichak, P.S.- Nautan, District- Siwan 7.
SANDEEP KUMAR KUSHWAHA @ BHOLA BHAGAT Son of Jawahir Bhagat @ Jawahar Bhagat Resident of Village- Mishrichak, P.S.- Nautan, District- Siwan 8.
PRADEEP BHAGAT @ PRADEEP KUSHWAHA Son of Jawahir Bhagat @ Jawahar Bhagat Resident of Village- Mishrichak, P.S.- Nautan, DistrictSiwan 9.
JAYNARAYAN BHAGAT @ JAYNARAY KUSHWAHA Son of Ramnath Bhagat Resident of Village- Mishrichak, P.S.- Nautan, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhakar Singh, Adv.
For the Opposite Party/s :
Mr.Shantanu Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324,
Patna High Court CR. MISC. No.73665 of 2022(2) dt.03-02-2023 2/3 307 of the Indian Penal Code.
Allegedly, petitioners along with other accused persons came at informant's house with intention to kill him. They assaulted the informant brutally.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific overt act against coaccused Jitendra Bhagat and Amar Bhagat. Both sides have filed cases against each other. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in
Patna High Court CR. MISC. No.73665 of 2022(2) dt.03-02-2023 3/3 connection with Nautan P.S. Case No. 194 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T