Govind Mishra And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18330 of 2015 Arising Out of PS.Case No. -290 Year- 2011 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================

1. Govind Mishra son of ShivBilas Mishra

2. Khedan Gond Son of Late Saral Gond

3. Rajnath Ahir Son of Late Ram Jatan Ahir

4. Sita Ahir Son of Dilraj Ahir

5. Nand Kumar Mishra Son of Late Baijnath Mishra All Resident of Village Devasthapur, P.S. Itarhi, District Buxar .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramashish Yadav @ Ramashish Singh Son of Late Sukaram Yadav Village Devasthapur, P.S. Itarhi, District Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devi Das Srivastava For the Opposite Party/s : Ms. Gulnar Begum, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered under sections 302, 120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that earlier case was registered against unknown persons and after thorough investigation police submitted final form against the petitioners and on protest petition filed by the informant the petitioners have been implicated in the present case.

Patna High Court Cr.Misc. No.18330 of 2015 (2) dt.17-09-2015 2/2 Learned counsel for the petitioner submits that the entire case is based on suspicion and there is no cogent material on record to implicate the petitioners in the present case. It is further submitted that the petitioners have been roped in this case merely on suspicion and the complainant himself has stated that he suspected the hands of the petitioners. Since the informant is not eye witness to the present case, and the entire case is based on suspicion, the above named petitioners in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Learned Judicial Magistrate, Buxar, in Complaint Case No. 290( C ) 2011, Trial No. 1830 of 2014, subject to the conditions laid down under section 438(2) Cr.P.C. (Anjana Mishra, J) M.Rahman/- U T