Vijay Shankar Mishra @ Vijay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14350 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- DINARA District- Rohtas ====================================================== 1.

VIJAY SHANKAR MISHRA @ VIJAY MISHRA SON OF LATE RAJ NARAYAN MISHRA Resident of Village - Madhukarpur, P.S.- Dinara, Distt.- Rohtas at Sasaram.

2.

Pankaj Mishra Son of Ramashankar Mishra Resident of Village - Madhukarpur, P.S.- Dinara, Distt.- Rohtas at Sasaram. 3.

Chuchu Mishra @ Chunchun Mishra Son of Sudarshan Mishra Resident of Village - Madhukarpur, P.S.- Dinara, Distt.- Rohtas at Sasaram. 4.

Vicky Mishra Son of Birendra Mishra Resident of Village - Madhukarpur, P.S.- Dinara, Distt.- Rohtas at Sasaram.

5.

Chhotu Vinay Mishra @ Chhotu Mishra @ Vinay Mishra Son of Ramashankar Mishra Resident of Village - Madhukarpur, P.S.- Dinara, Distt.- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Dinara P.S. Case No. 110 of 2020 registered for the offence under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.14350 of 2021(2) dt.24-02-2022 2/3 Allegedly, while the informant was going to offer Puja in the temple of Sati Maa, the accused persons conspired and one of the accused instigated and on that instigation, other coaccused opened fire, which was passed touching informant's head. Other accused persons are said to have assaulted the informant's nephew with lathi.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.14350 of 2021(2) dt.24-02-2022 3/3 learned Additional Chief Judicial Magistrate, Sasaram in connection with Dinara P.S. Case No. 110 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T