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Patna High CourtCR. MISC./33330/2021allowed

Bullet Mishra v. The State Of Bihar

2022-01-27Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33330 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

BULLET MISHRA S/O LATE DINANATH MISHRA R/O CHAUHANPATTI, P.S. GOPALPUR, DISTRICT-GOPALGANJ 2.

MUKESH MISHRA S/O LATE DINANATH MISHRA R/O CHAUHANPATTI, P.S. GOPALPUR, DISTRICT-GOPALGANJ 3.

LAW KUSH MISHRA @ VIKASH MISHRA S/O LATE DINANATH MISHRA R/O CHAUHANPATTI, P.S. GOPALPUR, DISTRICTGOPALGANJ 4.

ANKUL MISHRA S/O LATE MANOJ MISHRA R/O CHAUHANPATTI, P.S. GOPALPUR, DISTRICT-GOPALGANJ ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 & 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.33330 of 2021(2) dt.27-01-2022 2/3 The accusation against the petitioners is that they along with four other persons, having armed with deadly weapons, are said to have come to the house of the informant call him and badly assaulted him. They also assaulted the brother of the informant by means of sword on his head. They also resorted firing in the air.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty village politics. As a matter of fact, the present case has been lodged against the petitioners and others to save skin from Gopalpur P.S. Case No.215 of 2020 lodged by petitioner no.2. There was a fight between both the parties and both sides sustained injuries and lodged cases against each other. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.33330 of 2021(2) dt.27-01-2022 3/3 connection with Gopalpur P.S. Case No.216 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T