Sumant Mishra @ Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30957 of 2020 Arising Out of PS. Case No.-88 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

SUMANT MISHRA @ SUMANT KUMAR Son of Nagendra Mishra Resident of Village- Takkipur, P.S.- Maharajganj, District- Siwan. 2.

Nagendra Mishra Son of Late Awadhesh Mishra Resident of VillageTakkipur, P.S.- Maharajganj, District- Siwan. 3.

Mahesh Mishra Son of Late Awadhesh Mishra Resident of VillageTakkipur, P.S.- Maharajganj, District- Siwan. 4.

Rajnish Mishra @ Rajnish Kumar Son of Nagendra Mishra Resident of Village- Takkipur, P.S.- Maharajganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

Allegation is that the accused persons assaulted the informant by means of farsa, tangi causing injuries on his head, hand, leg and body. When wife of the informant came to save him, she was

Patna High Court CR. MISC. No.30957 of 2020(2) dt.22-01-2021 2/2 also assaulted by the accused persons.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As per F.I.R., the petitioners No.1 and 2 are said to have assaulted the informant by farsa and tangi, but there is no sharp cut injury found on the body of the victim. The injury report does not corroborate the allegations made in the F.I.R. The nature of injury is simple. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. case No.88 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T