Shashi Mishra @ Bangta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17744 of 2017 Arising Out of PS.Case No. -276 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Shashi Mishra @ Bangta, son of Kapildeo Mishra,

2. Rakesh Mishra @ Rakesh Kumar Mishra @ Tukki Mishra, Son of Kapildeo Mishra.

3. Lakshman Mishra, Son of Pankaj Mishra,

4. Murari Misra, Son of Pankaj Mishra, All resident of VillageMadhavpur, Police Station- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Amrendra Kumar, Adv For the State : Mr. Smt. Asha Kumari, APP For the Informant : Mr. Ranjeet Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2017 The petitioners are apprehending their arrest in connection with Parbatta P.S. Case No. 276 of 2016, registered for the offences punishable under Sections 341, 323, 342, 379, 307 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is general and omnibus allegation against the petitioners and there is enmity with the parties for which a complaint case was also filed. It has further been submitted that if the petitioners would have the intention to kill the son of the informant they would have used the gun and not the butt of the gun. Heard learned A.P.P. who has opposed the prayer for

Patna High Court Cr.Misc. No.17744 of 2017 (2) dt.26-04-2017 2/3 bail.

Learned counsel for the informant submits that the injuries are found on the son of the informant. Having heard both sides and in view of the fact that no specific allegation has been alleged against the petitioners that they were armed with gun and axe, and also that the petitioners have got no criminal antecedent, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Khagaria in connection with Parbatta P.S. Case No. 276 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailor of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of

Patna High Court Cr.Misc. No.17744 of 2017 (2) dt.26-04-2017 3/3 failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Ranjan/- U