Manejar Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46559 of 2017 Arising Out of PS.Case No. -190 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Manejar Mishra, Son of Late Mohan Mishra,

2. Ashok Mishra,

3. Anil Mishra, Both sons of Manejar Mishra, All residents of VillageKhairwa Choubey Tola, P.S. Malahi, District- East Champaran.

4. Ambika Pandey, Son of Late Suryadeo Pandey, Resident of villageKhairwa Kothi, P.S.- Paharpur, District- East Champaran. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Paharpur P.S. Case no. 190 of 2015, registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The accusation is that the petitioners reached at the land of the informant for the purpose of capture the same, when the informant made protest then petitioner No.1 Manejar Mishra gave Farsa blow causing blood oozing injury at the head of the informant, at that time petitioner No.2 Ashok Mishra, petitioner No.3 Anil Mishra caused injury through iron rod. In that course, petitioner no.4 Ambika Pandey snatched the golden ring worth of Rs. 40,000/- in that course

Patna High Court Cr.Misc. No.46559 of 2017 (2) dt.22-09-2017 2/2 Ambika Pandey also sustained injury.

Learned counsel for the petitioners submits that, in fact, occurrence of Marpit took place due to land dispute in which petitioners side also sustained injuries regarding which Paharpur P.S. Case No. 187 of 2015 is also instituted on the basis of the written report of petitioner No.1 Manejar Mishra. Moreover, the injuries as found on the person of the informant are simple in nature. 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 four 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, Motihari East Champaran in connection with Paharpur P.S. Case No. 190 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T