Utam Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23000 of 2021 Arising Out of PS. Case No.-408 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== UTAM MISHRA Son of Jaleshwar Mishra Resident of Village - Ramdas Bagahi, P.S.- Kateya, Distt.- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.A.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection Kateya P.S. Case no. 408 of 2020 registered for the offence punishable under sections 341,323, 325, 307, 379, 354 of the Indian Penal Code and subsequently, section 302/34 IPC has been added. Learned counsel for the petitioner at the outset submits that petitioner is in custody since 08.12.2020, charge sheet has been submitted and petitioner is person with clean antecedent. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that informant has alleged that occurrence took place on account of land dispute in which informant has specifically alleged that Atul Mishra, Jaleshwar Mishra and Parmeshwar Mishra

Patna High Court CR. MISC. No.23000 of 2021(2) dt.17-11-2021 2/2 assaulted Ram Punit Mishra, uncle of the informant on head who died during course of treatment. Learned counsel for the petitioner next submits that in the FIR there is no allegation that this petitioner also assaulted the deceased.

Learned counsel for the informant vehemently opposed the prayer for bail and submitted that despite informant's side decree in respect of land in question for which dispute arose in which accused persons including this petitioner indulged in the occurrence resulting death of uncle of the informant. Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is in jail custody since 08.12.2020, charge sheet has been submitted and petitioner is a person with clean antecedent, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Kateya P.S. Case no. 408 of 2020 . (Satyavrat Verma, J) s.hassan/- U T