Jawahar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74981 of 2019 Arising Out of PS. Case No.-66 Year-2015 Thana- JADIA District- Supaul ====================================================== 1.

JAWAHAR BHAGAT Son of Late Ram Nath Bhagat Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul.

2.

Vijay Bhagat Son of Late Ram Nath Bhagat Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul.

3.

Surendra Bhagat Son of Late Ram Nath Bhagat Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul.

4.

Manoj Jaishwal Son of Jagdish Bhagat Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul.

5.

Sanjay Jaishwal Son of Jawahar Jaishwal Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul.

6.

Saroj Kumar Jaishwal @ Saroj Jaishwal Son of Jagdish Bhagat Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul. 7.

Subhash Kumar @ Subhash Jaishwal Son of Surendra Bhagat Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul. 8.

Vikash Jaishwal Son of Jawahar Jaishwal Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul.

9.

Prakash Jaishwal Son of Surendera Bhagat Resident of Village - Nandna, P.S.- Jadiya, Distt - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jadiya PS case no. 66 of 2015 registered for the offences punishable under Sections 379 and other sections of

Patna High Court CR. MISC. No.74981 of 2019(2) dt.02-12-2019 2/3 Indian Penal Code.

The allegation is regarding altercation having taken place in between the informant and his family members as also the accused persons including the petitioners herein resulting in the informant receiving some injuries. The learned counsel for the petitioners submits that though the police had conducted investigation and submitted charge-sheet under bailable sections of the Indian Penal Code, however the learned Magistrate, by an order dated 22.01.2016 has differed and taken cognizance under Section 307 of Indian Penal Code as well while discharging some of the accused persons. It is further submitted that the petitioners are having a clean antecedent and they had submitted bail bonds after notices were issued to them by the police under Section 41(a) of Cr.P.C.

, hence it has never been their intention to flee away from the investigation or deviate the witnesses. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.

Patna High Court CR. MISC. No.74981 of 2019(2) dt.02-12-2019 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Supaul in connection with Jadiya PS case no. 66 of 2015 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T