Nilambar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28748 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Nilambar Mishra Son Of Late Rajendra Mishra Resident Of Village - Ranipur, P.S.- Sadar Darbhanga, Distt.- Darbhanga. 2.

Sanjay Mishra Son Of Nilambar Mishra Resident Of Village - Ranipur, P.S.- Sadar Darbhanga, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained

Patna High Court CR. MISC. No.28748 of 2022(2) dt.07-09-2022 2/2 injury. He submits that son of petitioner no. 1 died for which he lodged a case vide Sadar P.S. case No. 117 of 2022 under Section 147, 148, 149, 341, 33, 324, 307, 504, 506, 302 of the Indian Penal Code against the informant. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is admitted land dispute between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Sadar P.S. Case No. 116 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T