Nagendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7852 of 2022 Arising Out of PS. Case No.-352 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== 1.

NAGENDRA MISHRA SON OF LATE JAMUNA MISHRA Resident of Village - Madhukar Chapra, P.s.- Kanti, Distt.- Muzaffarpur. 2.

Sunil Kumar Son of Nagendra Mishra Resident of Village - Madhukar Chapra, P.s.- Kanti, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleges that petitioners were cutting bamboo to which he objected that as to why they are cutting bamboo from his bamboo clump on which Vivek along with petitioners assaulted causing injury as detailed in the F.I.R., it is next submitted that on account of assault made by Kamal and petitioner no.1, his finger got fractured and on account of assault by petitioner no. 2 by an iron rod, his neck bone got fractured. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.7852 of 2022(2) dt.01-09-2022 2/2 petitioners have been falsely implicated in the present case, it is next submitted that as far as allegation of assault by petitioner no.1 is alleged, the same is on non-vital part of the body i.e., finger and as far as allegation of assault by petitioner no.2 is concerned, he is alleged to have assaulted on neck of the informant causing fracture that gets belied from the injury report as no injury was found on the neck of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kanti P.S. Case No. 352 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T