Krishanandan Mishra @ Malik Mishra @ Krishna Nand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28798 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

KRISHANANDAN MISHRA @ MALIK MISHRA @ KRISHNA NAND MISHRA Son of Rajeshwar Mishra Resident of Village - Kadiyara, P.S.- Chand, Distt.- Kaimur.

2.

Abhimanu @ Mannu Mishra Son of Rajeshwar Mishra Resident of Village - Kadiyara, P.S.- Chand, Distt.- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-10-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/ 323/ 307/ 325/ 379/ 427/ 504/ 506 and 34 of the IPC.

Allegation against petitioner no.1 is that he took Rs.2100/- from the Dickey of Bolero vehicle of informant and allegation against petitioner no.2 is that he assaulted on the head of informant by means of Garasa.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.28798 of 2022(3) dt.20-10-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that there is a land dispute between the parties. As per the injury report, the injury sustained by informant is simple in nature. Petitioners have two criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury is simple in nature, 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 court below where the case is pending/Successor Court in connection with Chand P.S. Case No.106 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T