Shivam Bhagat @ Shivan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88088 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- Pothia District- Katihar ====================================================== 1.

Shivam Bhagat @ Shivan Bhagat Son of Late Umesh Bhagat Resident of Village - Dumar, P.S. - Pothia, District - Katihar 2.

Rupam Devi Wife of Pritam Bhagat Resident of Village - Dumar, P.S. - Pothia, District - Katihar 3.

Bandana Devi Wife of Late Umesh Bhagat Resident of Village - Dumar, P.S. - Pothia, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Dr. (Mr.) Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioners, after some arguments, seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 1 Shivam Bhagat @ Shivan Bhagat.

3. Permission is accorded.

4. Accordingly, the prayer for anticipatory bail with respect to petitioner no. 1 is dismissed as withdrawn.

5. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115, 118, 117, 76, 303, 352, 351 and 3(5) of the BNSS.

6. Learned counsel for the petitioners submits that from

Patna High Court CR. MISC. No.88088 of 2024(2) dt.08-01-2025 2/2 perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the informant is against Jai Bhagat and Shivam Bhagat causing injury on his head. It is further submitted that one of the injuries suffered by the injured on head is grievous in nature. It is next submitted that as far as petitioner nos. 2 and 3 are concerned, they have been implicated in the instant case only to coerce the other family members into submission with no specific allegation of assault.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

8. Considering the submissions made by the learned counsel for the petitioner nos. 2 and 3, let the petitioner nos. 2 and 3 above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pothiya P.S. Case No. 69 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T