Nannku Mistry @ Nanku Mistry And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9631 of 2019 Arising Out of PS. Case No.-485 Year-2018 Thana- MASAUDHI District- Patna ====================================================== 1.

Nannku Mistry @ Nanku Mistry, Son of Late Raghunandan Mistry Resident of Village - Chhotki Masaurhi, P.S-Massaurhi, Dist.-Patna. 2.

Munna Mistry Son of Nannku Mistry @ Nanku Mistry Resident of Village - Chhokti Masaurhi, P.S-Massaurhi, Dist.-Patna. 3.

Manju Devi Wife of Munna Mistry Resident of Village - Chhotki Masaurhi, P.S-Massaurhi, Dist.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Masaurhi P.S. Case no. 485 of 2018, registered under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code.

The accusation is that six persons named in the F.I.R., including the petitioners, variously armed with weapons came near the informant Ramjee Mistri and started to abuse him. At that time, they caused injury at the head of informant through Khanti in which he sustained blood oozing injury and

Patna High Court CR. MISC. No.9631 of 2019(3) dt.09-05-2019 2/2 rushed for treatment at Masaurhi from where he was referred to PMCH, Patna.

Learned counsel for the petitioners submits that allegation against the petitioners and three others named in the F.I.R. are to cause injury through Khanti at the head of informant, but only one injury was found on the person of informant regarding which the opinion is kept reserved by the Doctor. Moreover, witnesses in paragraph No. 9 and 13 has stated that the head injury found on the person of informant was caused by Bittu Kumar. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. Masaurhi, Patna in connection with Masaurhi P.S. Case No. 485 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T