Gyan Prakash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22304 of 2021 Arising Out of PS. Case No.-411 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== GYAN PRAKASH MISHRA S/o Sachchidnand Mishra Resident of VillageKurra, P.S.- Mohania, District- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mohania P.S. Case no. 411 of 2019 instituted for the offence under Sections 384, 385, 506 and 427/34 of the Indian Penal Code.

As per allegation in the FIR, informant has purchased a land from Omkar Nath Mishra upon which he was erecting a boundary wall which was demolished by the petitioner and a rangadaari of Rs. 25,00,000/- was demanded by the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No. 22304 of 2021(2) dt.05-01-2022 2/2 offence. There was an old land dispute between the vendor of the informant (Omkar Nath Mishra and the father of the petitioner. The informant is cousin brother of the petitioner. There is no specific allegation of assault against the petitioner. This is purely a dispute of civil nature.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mohania P.S. Case no. 411 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kaimur at Bhabhua subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U