Narendra Mishra @ Narendra Deo Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12783 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

NARENDRA MISHRA @ NARENDRA DEO MISHRA Son of Late Jaydeo Mishra R/V- Kantakosh, P.S.- Manihari, District- Katihar 2.

SHYAMDEO MISHRA Son of Late Jaydeo Mishra R/V- Kantakosh, P.S.- Manihari, District- Katihar 3.

PRIYABRAT MISHRA Son of Late Jaydeo Mishra R/V- Dhobia Kothi, P.S.- Tilkamanjhi, District- Bhagalpur 4.

RAJENDRA MISHRA @ RAJENDRA KUMAR MISHRA Son of Late Jaydeo Mishra R/V- Dhobia Kothi, P.S.- Tilkamanjhi, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PANKAJ KUMAR MISHRA Son of Late Harideo Mishra R/V- Kantakosh, P.S.- Manihari, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajib Ranjan Jha For the Opposite Party/s :

Mr. Arvind Kumar Pandey :

Mr. Sanjeev Kumar Singh :

Mrs. Neha Rani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the complainant. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 323, 420, 468 and 506/34 of the Indian Penal Code pending in the learned court below.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is civil dispute between the parties. He submits that allegation against the petitioner that it is alleged that the co-accused has wrongly mutated a land in the

Patna High Court CR. MISC. No.12783 of 2023(2) dt.19-05-2023 2/2 name of the petitioner no.3. He further submits that now a complainant filed an appeal against the said order and in the said order, the mutation in the name of the petitioner no.3 is being set aside by the appellate authority this act is also not denied by the learned counsel for the complainant. petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State assisted by learned counsel for the complainant opposes for prayer for bail.

Considering the aforesaid facts and circumstances and the fact that there is civil dispute between the parties, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No.416/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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