Pulindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35659 of 2021 Arising Out of PS. Case No.-220 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== PULINDRA MISHRA Son of Late Ram Naresh Mishra Resident of VillageLadugama, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 307, 324 and some other minor Sections of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have assaulted the informant with Garasa on his head and hand.

It is submitted that the informant and his family members constructed house on the Govt. land which was being used as village road and for the same petitioner and others gave a petition before the appropriate authority over which encroachment proceeding was initiated against the accused persons and the authority gave order to demolish the house of informant after long litigation and due to that this petitioner has falsely been implicated in this case. There is case and counter case. It is submitted that the doctor has found the injury on the person of informant to be caused by hard and blunt object. Petitioner claims clean antecedent and is in custody since

Patna High Court CR. MISC. No.35659 of 2021(3) dt.21-09-2021 2/2 06.10.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Benipatti, Madhubani in connection with Benipatti PS case No. 220/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T