Shivjee Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36467 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- SIMRI District- Buxar ====================================================== 1.

Shivjee Mishra Son Of Late Inderdeo Mishra Resident Of Village - Dhananjaypur, Police Station - Simari, District - Buxar 2.

Daya Shankar Mishra Son Of Late Bharat Jee Mishra Resident Of Village - Dhananjaypur, Police Station - Simari, District - Buxar 3.

Ganesh Mishra Son Of Late Inderdeo Mishra Resident Of Village - Dhananjaypur, Police Station - Simari, District - Buxar 4.

Rajesh Mishra Son Of Awadesh Mishra Resident Of Village - Dhananjaypur, Police Station - Simari, District - Buxar 5.

Akhilesh Mishra Son Of Awadesh Mishra Resident Of Village - Dhananjaypur, Police Station - Simari, District - Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr.Rajeev Ranjan, Advocate For the State :

Mr.Umanath Mishra, APP For the informant :

Mr.Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 307, 504, 506 of the

Patna High Court CR. MISC. No.36467 of 2020(2) dt.26-03-2021 2/3 Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant, his son and wife by means of rami and lathi, due to which they sustained injuries. 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. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State and learned counsel for the informant, 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 Additional Chief Judicial Magistrate IVth, Buxar in connection with Simari P.S.

Patna High Court CR. MISC. No.36467 of 2020(2) dt.26-03-2021 3/3 case No.73 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T