Shambhu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6849 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- PATAHI District- East Champaran ====================================================== 1.

SHAMBHU MISHRA Son of Shashi Bhushan Mishra Resident of VillageBara Shankar Mishir Tola, P.S.- Patahi, District- East Champaran. 2.

Vijay Mishra Son of Jagdish Mishra Resident of Village- Bara Shankar Mishir Tola, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners, and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 341, 447, 323, 324, 307 and 379 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.6849 of 2022(2) dt.28-07-2022 2/2 occurrence, in the manner as alleged, has ever taken place. There is an admitted land dispute between the parties and the parties are agnates. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that the injuries are simple in nature. Petitioner no.1 has two criminal antecedent and petitioner no.2 has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that on perusal of the impugned order, it is evident that the injury is grievous in nature. Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T