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Rambhu Prasad @ Rambhu Bhagat and Ors. v. The State Of Bihar

Patna HC19 Jun 2014CR. MISC./7068/2014

Case brief

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What is this about?

The Patna High Court, in Criminal Miscellaneous No.7068 of 2014, granted anticipatory bail to four petitioners accused of assault under various sections of the IPC. The court accepted their submission regarding false implications and lack of criminal antecedents, directing them to surrender within four weeks and furnish bonds.

What did the court decide?

Grant of bail on furnishing bonds of Rs. 10,000 each with two sureties of like amount each, subject to conditions of physical presence and surrender within four weeks.

Rambhu Prasad @ Rambhu Bhagat and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7068 of 2014

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Arising Out of PS.Case No. -3 Year- 2013 Thana -RAJEPUR DistrictEASTCHAMPARAN(MOTIHARI)

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====================================================== 1. Rambhu Prasad @ Rambhu Bhagat, Son Of Chhathu Bhagat 2. Raja Prasad @ Raja Bhagat, Son Of Radhakrishna Bhagat 3. Umashankar Prasad @ Umashankar Bhagat, Son of Radhakrishna Bhagat 4. Raghunath Prasad @ Raghunath Bhagat, Son of Chhathu Bhagat .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER

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3 19-06-2014 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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All the four petitioners, apprehending their arrest in connection with a case registered for the offence punishable under Sections 448, 345, 342, 323, 324, 504 and 379/34 of the Indian Penal Code, are named accused in this case of assault.

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Submission is of false implication with general and omnibus allegation and the specific accusation against petitioner no.5, who attributed injury on the head of the informant’s brother appears not substantiated since weapon allegedly used is farsa whereas injury report indicates injury whatever is caused by hard and blunt substance. Further all the four petitioners are carrying no criminal antecedent.

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If it is so , considering the facts and circumstances of the case, in the event of their arrest or surrender before the court below within four weeks, let the petitioners abovenamed be enlarged on bail on furnishing bail

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Patna High Court Cr.Misc. No.7068 of 2014 (3) dt.19-06-2014

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2/2

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bonds of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran, in connection with Rajepur P.S. Case No. 03 of 2013 , subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

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(Akhilesh Chandra, J)

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Ashwini/-

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U T

Rambhu Prasad @ Rambhu Bhagat and Ors. v. The State Of Bihar

Case brief

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Rambhu Prasad @ Rambhu Bhagat and Ors. v. The State Of Bihar

Case brief

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