Anil Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33933 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -DURAULI District- SIWAN ====================================================== (i) Anil Mishra (ii) Pawan Mishra (iii) Pankaj Mishra .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-10-2016 Heard the learned senior counsel, Mr. Krisnha Prasad, for the petitioner and the learned A.P.P. for the State. The petitioners, (i) Anil Mishra (ii) Pawan Mishra and (iii) Pankaj Mishra, apprehend their arrest in connection with Darauli P.S. Case No.34 of 2016 under Section 341, 323, 325, 307, 379, 504 / 34 IPC.

According to the prosecution case, petitioner No.1 gave a Farsa blow and the other two petitioners had lathi in their hands. They also assaulted the informant.

From perusal of the injury report, it appears that injury No.1 caused by Farsa blow is simple in nature. So far injury No.2 is concerned, it has been found to be grievous although it is caused by hard and blunt substance which is not a dangerous weapon.

Patna High Court Cr.Misc. No.33933 of 2016 (4) dt.05-10-2016 2/2 From perusal of the FIR, it appears that it is alleged by the informant that Anil Mishra has a gun in his hand. There is no allegation that he fired at the informant.

Considering the above facts and circumstances of the case, I direct the three petitioners, named above, to surrender before the Court below within 28th of October and on their so surrendering before the Court below, the Court below shall release the petitioner on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Darauli P.S. Case No.34 of 2016. (Mungeshwar Sahoo, J) Sanjeev/- U