Rahul Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22484 of 2024 Arising Out of PS. Case No.-28 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== 1.
Rahul Mishra Son Of Bhagwan Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga 2.
Sonu Mishra Son Of Bishwanath Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga 3.
Bhagwan Mishra @ Amar Nath Mishra Son Of Chandrawali Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga 4.
Roshan Mishra Son Of Bhagwan Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Adv For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 354(B), 307, 379, 504, 506/34 of the Indian Penal Code.
3. The petitioners are persons with clean antecedent and have falsely been implicated by the informant in the instant case. It is next submitted that on a trivial issue an altercation have started in between side of the informant and petitioner and
Patna High Court CR. MISC. No.22484 of 2024(2) dt.23-04-2024 2/3 the informant side assaulted the petitioner no. 3 which led to institution of Biroul P.S.Case No. 27 of 2020. It was thereafter the instant case, came to be instituted, with an allegation that the accused persons came to the house of the informant and Roushan Mishra assaulted the husband of the informant by iron rod causing injury on his head while Sonu and Rahul Mishra are alleged to have tried to kidnap the informant and even pushed on the ground and torn her cloths and an order of Bhagwan Mishra, the accused persons committed loot in the house of the informant.
4. It is next submitted that petitioners are not criminals and the dispute has started when mud was flashed on the side of the petitioners, while the informant side were coming on a car, which led to an altercation thereafter, both the sides assaulted each other. It is also submitted that the injury as has been alleged is not admitting, the injury suffered by the injured is simple in nature.
5. Learned A.P.P opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on
Patna High Court CR. MISC. No.22484 of 2024(2) dt.23-04-2024 3/3 bail on his furnishing bail bonds in the sum of Rs, 10,000/- ( Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Biraul at Darbhanga in connection with Biroul P.S.Case No. 28 of 2020, subject to the conditions laid down under section 438(2) of the Cr. P.C.
(Satyavrat Verma, J) N.K/- U T