Baleshwar Mishra @ Baleshar Mishra And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49270 of 2014 Arising Out of PS.Case No. -416 Year- 2013 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Baleshwar Mishra @ Baleshar Mishra

2. Madan Mohan Mishra

3. Radheyshyam Mishra All Sons of Late Rupdeo Mishra

4. Dharmendra Mishra, S/o Rajeshwar Mishra, All Resident of Village - Semara, P.S. Sonhan Distt. Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner is accused in connection with Bhabua (Sonhan) P.S. Case No. 416 of 2013 registered under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and 27 of the Arms Act.

The Accusation is that petitioner Dharmendra Mishra and one Santosh Mishra assaulted the son of the informant then he moved to his house, thereafter, on query by the informant, the petitioners and five others started indiscriminate firing, in which informant, Surendra Kumar Mishra, his son Rajnish Mishra, wife Shiv Kumari Devi, sister Puja Kumari and Manorma Kunwar sustained fire arm injury.

Patna High Court Cr.Misc. No.49270 of 2014 (2) dt.03-03-2015 2/2 Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioners and five others. Moreover, the injuries, as sustained to the informant and his family members, are found simple in nature. It is also submitted that the present case is counter blast to the case of Bhabua P.S. Case No. 415 of 2013 lodged by the co-accused Rameshwar Mishra against the informant and others for the offence under Sections 147, 148, 149, 323, 307 of the I.P.C. and 27 of the Arms Act. It is further submitted that petitioners are in custody since 25.11.2014.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. Case No. 416 of 2013, G.R. No. 1474 of 2013. (Rajendra Kumar Mishra, J.) Shail/- U T