Ram Babu Bhagat vs The State Of Bihar on 20 November, 2014

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Patna High Court - Orders

Ram Babu Bhagat vs The State Of Bihar on 20 November, 2014

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.42081 of 2014
                  Arising Out of PS.Case No. -209 Year- 2013 Thana -LALGANJ District- VAISHALI (HAJIPUR)

                 ======================================================
                 Lalita Devi, W/o - Late Rajendra Bhagat, Resident of Village - Jafrabad,
                 P.S - Lalganj, Distt - Vaishali
                                                                                   .... ....    Petitioner
                                                        Versus
                 The State of Bihar                                        .... .... Opposite Party
                 ======================================================
                                                         With
                                  Criminal Miscellaneous No.42959 of 2014
                  Arising Out of PS.Case No. -209 Year- 2013 Thana -LALGANJ District- VAISHALI (HAJIPUR)

                 ======================================================
                 Ram Babu Bhagat, S/o Lakshmi Bhagat, resident of Village-Jafrabad,P.S.-
                 Lalganj, District- Vaishali.
                                                                                 .... ....     Petitioner
                                                        Versus
                 The State of Bihar                                          .... .... Opposite Party
                 ======================================================
                 Appearance :
                 (In Cr.Misc. No.42081 of 2014)
                 For the Petitioner        :    Mr. Subodh Prasad, Advocate
                 For the Opposite Party :       Mr. Ganesh Pd.Singh, APP
                 (In Cr.Misc. No.42959 of 2014)
                 For the Petitioner        :    Mr. Subodh Prasad, Advocate
                 For the Opposite Party :       Mr. Ganesh Pd. Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                 ORAL ORDER


2   20-11-2014

Since both these cases for bail arise out of a common FIR and, hence, they have been heard together and are being disposed of by a common order.

2 Patna High Court Cr.Misc. No.42081 of 2014 (2) dt.20-11-2014 2/2

The petitioners seek bail in connection with Lalganj P.S. Case No. 209 of 2013 registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

It has been contended on behalf of the petitioners that the FIR has been registered on the basis of a complaint which was filed after seven months of the alleged incident of occurrence. There is no explanation for the inordinate delay in filing the complaint. It has further been contended that another co-accused namely, Jaleshwar Bhagat having more or less identical allegation has already been ordered to be released on bail by a Bench of this Court on 17th June, 2014 in Cr. Misc. No. 15596 of 2014.

Learned counsel for the State has opposed the prayer for bail. However, he does not dispute the fact that the case of the petitioners stands more or less on identical footing to that of co- accused Jaleshwar Bhagat who has already been granted bail.

Having regard to the facts and circumstances of the case, the petitioners are directed to be released 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 209 of 2013.

(Ashwani Kumar Singh, J.) Sanjeet/-

    U        T

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Patna High Court - Orders