Birendra Kumar Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27502 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -RAJAULI District- NAWADA ======================================================

1. Birendra Kumar Mishra, Son of Late Badri Nath Mishra,

2. Pramod Kumar Singh, Son of Late Gujju Singh, Both are resident of Village- Takuatand, Rajauli P.S.- Rajauli, DistrictNawadah. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : ----- ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-07-2017 Heard Sri Arun Kumar, learned advocate for the petitioners.

No one appears for the State.

The petitioners are seeking regular bail in Rajauli P.S. Case No. 95 of 2017 under Sections 447, 147, 149 and 387 of the Indian Penal Code.

Learned counsel for the petitioners submits that a bare perusal of the First Informant Report would show that there is a dispute with regard to running of the toll and so far as the present petitioners are concerned they are driver and Khalasi engaged by the erstwhile contractor Sri Dipak Kumar. There was an allegation that the new contractor Vimal Yadav was illegally collecting toll and this Court in a PIL had directed the District

Patna High Court Cr.Misc. No.27502 of 2017 (2) dt.01-07-2017 2/2 Magistrate, Nawada to take note of the complaint of the petitioner in the said PIL. It is submitted that the petitioners are innocent and for the aforesaid reasons they have been falsely implicated. Considering the nature of allegations, facts and circumstances of the case and the materials available on the record, I am inclined to grant regular bail to the petitioners. Let the petitioners, namely, Birendra Kumar Mishra and Pramod Kumar Singh be enlarged on bail on their furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawadah in Rajauli P.S. Case No. 95 of 2017, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Dilip, AR U T