Ritik Kumar Bhagat @ Ritik Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3045 of 2023 Arising Out of PS. Case No.-73 Year-2020 Thana- JOGBANI District- Araria ====================================================== RITIK KUMAR BHAGAT @ RITIK BHAGAT S/O MOHAN BHAGAT Resident of village- Ward No. 14, Haripur, P.O.- Chowk, P.S.- Jogbani, District- Araria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Kumar Singh For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jogbani Police Station Case No. 73 of 2020 dated 11.03.2020, disclosing offences under Sections 341/323/324/307/34 of the Indian Penal Code.
The prosecution story, on the basis of First Information Report, is that the petitioner along with other coaccused persons assaulted the brother of the informant and others, namely, Md. Habibulla@Bulla, Md. Razi, Md. Dilshad. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of concocted story and due to previous enmity. He next
Patna High Court CR. MISC. No.3045 of 2023(2) dt.16-05-2023 2/3 submits that the allegation against the petitioner is general and omnibus in nature along with other eight accused persons and similarly situated accused persons have been granted bail by a Co-ordinate Bench of this Court in CWJC No. 45469 of 2021. Referring to the order passed by this Court at Annexure-2, learned counsel submits that injury report was called by the Coordinate Bench and in its order the Hon'ble Bench has recorded that the injury caused to Md. Razi Ahmed and Md. Habibullah are simple in nature.
Petitioner is a man of clean antecedent.
Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is general and omnibus in nature and similarly situated accused persons have been granted bail by a Co-ordinate Bench of this Court, accordingly, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI,
Patna High Court CR. MISC. No.3045 of 2023(2) dt.16-05-2023 3/3 Araria, in connection with Jogbani Police Station Case No. 73 of 2020, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T