Dwarika Mistri @ Dwarka Mistri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.118 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Dwarika Mistri @ Dwarka Mistri s/o Late Pun Mistri

2. Arjun Mistri S/o Sri Dwarka Mistri @ Dwarika Mistri

3. Bhim Mistri S/o Sri Dwarka Mistri @ Dwarika Mistri All Residence of village- Matihani, P.s.- Magadh University, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code. It is alleged that agnates of the informant Vijay Mistri, Ajay Mistri @ Nanhu Mistri and Sanjay Mistri came at the door of the informant and started abusing the informant. On protest being made co-accused Ajay Mistri assaulted with iron rod to the informant causing bleeding injury. It is alleged against these petitioners that they instigated the accused persons to assault and thereafter all the accused persons made assault.

It is submitted by learned counsel for the petitioners that admittedly in the background of land dispute the accusation has been levelled. Moreover for the occurrence

Patna High Court Cr.Misc. No.118 of 2016 (2) dt.05-01-2016 2/2 of 26.10.2015 the F.I.R was registered on 30.10.2015 which reached to the Court of learned A.C.J.M on 08.11.2015 which suggests that by antedating the F.I.R has been registered. Considering the delayed lodging of the F.I.R and there is no specific overt act alleged against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IX, Gaya in connection with Magadh University P.S. Case No. 68 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T