Jitendra Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3004 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- DURAULI District- Siwan ====================================================== 1.
JITENDRA BHAGAT SON OF LATE SHRIRAM BHAGAT RESIDENT OF VILLAGE- KANHAULI, P.S.- DARAULI, DISTT.- SIWAN 2.
RAJ KUMAR BHAGAT SON OF LATE SHRIRAM BHAGAT RESIDENT OF VILLAGE- KANHAULI, P.S.- DARAULI, DISTT.- SIWAN 3.
NANHE KUMAR @NANHE KUSHWAHA SON OF BAIJNATH BHAGAT RESIDENT OF VILLAGE- KANHAULI, P.S.- DARAULI, DISTT.- SIWAN 4.
SAGAR KUMAR @ DHANNU BHAGAT @SAGAR KUSHWAHA SON OF KRIPAL BHAGAT RESIDENT OF VILLAGE- KANHAULI, P.S.- DARAULI, DISTT.- SIWAN ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ajay Tiwary, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 307 and 504 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on 08.03.2023 at about 9:00 PM, after celebrating Holi festival, while the informant was returning home, in the meantime, all the F.I.R. named accused persons, including these petitioners,
Patna High Court CR. MISC. No.3004 of 2024(3) dt.07-03-2024 2/3 assaulted the informant by means of sword and hockey stick upon his face and head.
4. It is submitted by learned counsel appearing on behalf of the petitioners that specific accusation of assault by sword is against co-accused Akshay Kumar. So far as these petitioners are concerned, there is general and omnibus allegation and no specific accusation of any overt act has been alleged against these petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Siwan, in connection with Darauli P.S. Case No.61 of 2023, subject to condition as laid down under Section 438(2) of
Patna High Court CR. MISC. No.3004 of 2024(3) dt.07-03-2024 3/3 the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T