Surendra Mishra And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.12063 of 2015 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12063 of 2015 Arising Out of PS.Case No. -515 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Surendra Mishra son of Jagdish Mishra.

2. Dhurendra Mishra Son of Jagdish Mishra.

3. Dilip Mishra@ Dilip Kr. Mishra. Son of Surendra Mishra. All are residents of Village- Madhubani Mishra Tola, P.S. - Sangrampur, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Surendra Singh Son of Late Bharath Singh Resident of villageMadhubani P.s.- Sangrampur, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s Mr. P.K.Choursiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 30.04.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Originally, Sangrampur P. S. case no. 86/2012 was registered against the petitioners on the basis of fardbeyan of the complainant but after investigation, police found accusation untrue and submitted final form which was accepted by the concerned court. However, informant of the aforesaid case filed protest-cumcomplaint petition which was treated as complaint petition and after enquiry prima facie case has been found against the petitioners. Learned counsel for the petitioners submits that the present case has been brought on account of land dispute and the petitioners do not have any criminal antecedent.

Patna High Court Cr.Misc. No.12063 of 2015 (2) dt.30-04-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri P.K. Singh, Judicial Magistrate, Ist Class, Sadar at Motihari/concerned court in Complaint case no. C- 515/2013 Tr. No. 8147/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T