Ramdin Bhagat Malakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76235 of 2019 Arising Out of PS. Case No.-289 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== 1.
Ramdin Bhagat Malakar Son of Late Ramdas Bhagat Malakar Resident of Village - Mirapur, P.S.- Sakra, District - Muzaffarpur 2.
Jayant Shubhmurti @ Jayant Surmurtikar Son of Ramdin Bhagat Malakar Resident of Village - Mirapur, P.S.- Sakra, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sakara P.S. Case No. 289 of 2019, G.R. No. 3191 of 2019 registered for the offences under Sections 147, 148, 149, 341, 323, 308, 307, 379, 504 and 506 of the Indian Penal Code. As per allegation in the FIR, the accused persons including the petitioners are said to have assaulted the younger brother of the informant. There is specific allegation of assault on both the petitioners.
It is submitted by learned counsel for the petitioner that the allegations as levelled are false and concocted. There is case and counter case between the parties. The actual
Patna High Court CR. MISC. No.76235 of 2019(2) dt.02-12-2019 2/2 occurrence having been described in the FIR in 'Annexure 4' to this petition. It is further submitted that as stated in paragraph no. 6 of the application, the injuries have been reported to be simple in nature and the same has also been taken note of in the order dated 05.11.2019 passed in Cr.Misc. No. 69399 of 2019 whereby the three named co-accused persons, namely Alok Ranjan, Shiv Chandra Prasad and Prakash Kumar have been enlarged on anticipatory bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. The petitioners, in the event of their arrest or surrender within six weeks, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Muzaffarpur, in connection with Sakara P.S. Case No. 289 of 2019, G.R. No. 3191 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J) uma/- U T