Mithlesh Mishra @ Mithilesh Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22248 of 2024 Arising Out of PS. Case No.-58 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== MITHLESH MISHRA @ MITHILESH MISHRA SON OF LATE BABULAL MISHRA RESIDENT OF VILLAGE - MADHUKAR CHAPRA, P.S. - KANTI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh, Adv.
For the Opposite Party/s :
Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.Tr. No. 903 of 2023, arising out of Kanti P.S. Case No. 58 of 2021 lodged under Sections 341, 323, 307, 379, 506, 504 & 34 of the I.P.C. read with Section 27 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against 5 named and 2 unknown accused persons including the petitioner. The allegation against the present petitioner is that he has attacked on the head of the informant's son, due to which head injury took place.
4. Learned counsel for the petitioner submits that from the content of F.I.R., it is very much clear that the
Patna High Court CR. MISC. No.22248 of 2024(2) dt.20-03-2024 2/3 petitioner and informant's side are the agnates and due to land dispute, the present scuffling took place. Counsel further submits that the allegation as alleged, is not correct.
5. Counsel further submits that on the slightest possible occasion, the parties are always inclined to file criminal cases against each other. He further submits that petitioner is in custody since 09.01.2024 having clean antecedent.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that as per the F.I.R., the allegation is against the present petitioner to attack on the head of the son of the informant due to which head injury has been caused.
7. Counsel further submits that the specific allegation of firing on the leg of the informant's side is also there in the F.I.R., and therefore, he requests to reject the bail petition of the petitioner.
8. Learned counsel for the State opposes the prayer for bail and submits that it is true that the allegation is there, but it is also true that the allegation of firing is not at the head rather it is on the neck.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above
Patna High Court CR. MISC. No.22248 of 2024(2) dt.20-03-2024 3/3 named, be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 11th Addl. Sessions Judge Muzaffarpur in connection with S.Tr. No. 903 of 2023, arising out of Kanti P.S. Case No. 58 of 2021, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T