Allowed

Bhola Bhagat v. The State of Bihar

Patna HC23 Aug 2023CR. MISC./54779/2023

Case brief

AI extract

What is this about?

In Criminal Miscellaneous No.54779 of 2023, the Patna High Court granted anticipatory bail to eight petitioners accused of riot, assault, and other offences under various sections of the IPC, subject to bail bonds and conditions under Section 438 Cr.P.C.

What did the court decide?

Bailed the petitioners on furnishing bonds of Rs.30,000 each with two sureties of Rs.30,000 each within six weeks, subject to the condition in Section 438(2) Cr.P.C.

Bhola Bhagat Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54779 of 2023

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Arising Out of PS. Case No.-126 Year-2023 Thana- VAISHALI District- Vaishali

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======================================================

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Bhola Bhagat S/O Sita Ram Bhagat R/O Village- Mansurpur, P.S- Vaishali, Distt.- Vaishali.

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Krishna Kumar S/O Bhola Bhagat R/O Village- Mansurpur, P.S- Vaishali, Distt.- Vaishali.

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Guddu Kumar S/O Bhola Bhagat R/O Village- Mansurpur, P.S- Vaishali, Distt.- Vaishali.

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Laxmi Devi W/O Bhola Bhagat R/O Village- Mansurpur, P.S- Vaishali, Distt.- Vaishali.

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Tunni Bhagat S/O Satya Narayan Bhagat R/O Village- Mansurpur, P.SVaishali, Distt.- Vaishali.

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Kamlesh Kumar @ Kamlesh Bhagat S/O Satya Narain Bhagat R/O VillageMansurpur, P.S- Vaishali, Distt.- Vaishali.

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Munna Bhagat @ Munnu Bhagat S/O Satya Narain Bhagat R/O VillageMansurpur, P.S- Vaishali, Distt.- Vaishali.

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Raushan Kumar S/O Naresh Bhagat R/O Village- Mansurpur, P.S- Vaishali, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Subodh Prasad, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad, APP For the Informant/s : Mr. Shyameshwar Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 23-08-2023 Heard learned counsel for the petitioners, learned

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counsel for the informant and learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case

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registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the I.P.C.

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As per the prosecution case, the F.I.R. has been

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Patna High Court CR. MISC. No.54779 of 2023(2) dt.23-08-2023 2/3

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lodged against 13 named and 5-7 unknown accused persons against whom the allegation that they have assaulted the informant’s side. The informant was at his land for the purpose of construction of hut, then in the meantime, all the accused persons came with armed weapons and started abusing to the informant’s side as well as assaulted the informant’s side.

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Learned counsel for the petitioners submits that for the said date and place of occurrence, there is a case and counter case bearing Vaishali P.S. Case No. 126 of 2023 and Vaishali P.S. Case No. 125 of 2023 filed by the informant and petitioners’ side respectively.

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Learned counsel for the petitioners further submits that from the F.I.R. itself, it indicates that the land dispute are there between the parties. Counsel submits that injury has caused from both the sides. Counsel submits that none of the accused persons are criminals. Counsel submits that the antecedents of the petitioners are clean and from the injuries which is Annexure- 3 series, it transpires that injuries are simple in nature, except the grievous injury caused to Avinash Kumar in right hand finger.

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Learned A.P.P. for the State opposes the prayer for

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bail.

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Patna High Court CR. MISC. No.54779 of 2023(2) dt.23-08-2023 3/3

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Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioners have brutally assaulted the informant’s side, due to which, injury has been caused and injury reports are present in Annexure- 3 series in the anticipatory bail petition and counsel also admits that for the said date and occurrence, there is a case and counter case.

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In the present facts and circumstances of the case and the submissions made above, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 126 of 2023, dated 27.03.2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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sadique/-

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U T

Bhola Bhagat v. The State of Bihar

Case brief

What is this about?

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Bhola Bhagat v. The State of Bihar

Case brief

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