Bajrangi Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42094 of 2018 Arising Out of PS. Case No.-20 Year-2009 Thana- RASULPUR District- Saran ======================================================
1. Bajrangi Mishra
2. Balwant Mishra Both Sons of Late Arvind Mishra Resident of Village- Madhopur, P.S. Rasulpur, District Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra For the Opposite Party/s :
Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2018 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Rasulpur P.S. Case No. 20 of 2009 dated 26.04.2009 instituted for the offences under Sections 307, 504, 506 and 34 of the Indian Penal Code and Sections 3/4 of the Explosive Substances Act. The petitioners are said to have exploded bomb in front of the house of the informant.
Learned counsel for the petitioners has submitted that on the day of the occurrence, the birthday of the nephew of petitioner no. 1 was being celebrated in which crackers were being exploded. Even on the protest by the informant, who is a neighbour, the petitioners did not stop exploding crackers. Aggrieved by
Patna High Court Cr.Misc. No.42094 of 2018(2) dt.20-07-2018 2/2 this act, the present false case has been lodged against the petitioners. However, considering the falsity of the allegation as also that peaceful neighbourhood is desirable, the informant has chosen to settle the dispute with the petitioners. Admittedly there is no injury to anybody.
Regard being had to the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Xth, Saran at Chapra in connection with Rasulpur P.S. Case No. 20 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T