Santosh Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48641 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -DARAUNDHA District- SIWAN ======================================================
1. Santosh Mishra, Son of Brahma Baba,
2. Manoj Mishra, son of Jagarnath Mishra @ Jagganath Mishra, Both resident of Village - Purvi Harsar, P.S.- Daraunda, District- Siwan. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-11-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Daraunda P.S. Case No. 111/2017, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 353 and 307 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the brother of the informant is accused in Daraunda P.S. Case No. 244/2015 registered for the offence punishable under Section 302 of the Indian Penal Code for killing of the grand-son of co-accused Seth Singh. It is submitted on behalf of the petitioners in that background that the petitioners have been implicated out of retaliation.
Patna High Court Cr.Misc. No.48641 of 2017 (2) dt.07-11-2017 2/2 Learned counsel appearing on behalf of the informant on the other hand, has submitted that the prosecution side has received grievous injuries including fracture of leg. Be that as it may, considering the rivalry between the parties, this application is allowed.
Let the petitioners above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XI, Siwan in connection with Daraunda P.S. Case No. 111/2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vinita/- U T