Sarvanand Mishra And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.47147 of 2015 (2) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47147 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -SIKRAUL District- BUXAR ======================================================

1. SARVANAND MISHRA

2. SATYA PRAKASH MISHRA, BOTH SONS OF LATE GANGA DAYAL MISHRA, R/O VILLAGE/ MOHALLA- BELAON, P.S.- SIKRAUL, DISTRICT- BUXAR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Kumar Dubey, Advocate. For the Opposite Party/s : Mr. Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sikraul P.S. Case No. 56 of 2015 registered under Sections 107, 108, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act. Later on, Section 307 of the Indian Penal Code has been added.

The prosecution is that S.H.O. of Sikraul Police Station on receiving information about firing between two parties due land dispute, he along with police official reached there then two persons namely, Kamlesh Paswan and Kumar Kaushlesh were apprehended while petitioners and others succeeded to fleeing

Patna High Court Cr.Misc. No.47147 of 2015 (2) dt.16-10-2015 away.

Learned counsel for the petitioners submits that no specific overt act has been alleged against the petitioners and they have no criminal antecedent. It is further submitted that coaccused, Ashok Mishra @ Ashok Kuamr Mishra, Amed Kumar Mishra, Anand Mishra @ Anand Kumar Mishra have already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 13.10.2015 passed in Criminal Misc. No. 42515 of 2015.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Sikraul (Buxar) P.S. Case No. 56 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T