Ram Chandra Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41281 of 2017 Arising Out of PS.Case No. -464 Year- 2013 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Ram Chandra Mishra, Son of Late Sahdeo Mishra

2. Vikash Kumar Mishra, Son of Tarun Kumar Mishra

3. Tarun Kumar Mishra, Son of Late Sukhram Mishra All residents of Village - Punas, P.S. Muffasil, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Samastipur Mufassil P.S. Case No. 464 of 2013 instituted for the offence under Sections 406, 467, 468, 420, 323 and 380/34 of the Indian Penal Code. It has been submitted that petitioner No. 1 is purchaser of the land. Petitioner No. 3 is full brother of the informant and petitioner No. 2 is nephew of the informant. It has further been submitted that earlier for land dispute, the informant has filed Muffasil P.S. Case No. 316 of 2013 which ended into compromise.

From the written report itself it appears that it is a matter of civil dispute.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of

Patna High Court Cr.Misc. No.41281 of 2017 (2) dt.08-09-2017 2/2 surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Samastipur Mufassil P.S. Case No. 464 of 2013, they shall 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 MagistrateV, Samastipur, subject to the conditions as laid down under Section 438

(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T