Roop Lal Mistry And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35097 of 2015 Arising Out of PS.Case No. -117 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================

1. Roop Lal Mistry Son of Late Kuldeep Mistry,

2. Mukesh Mistry Son of Balram Mistry,

3. Uday Mistry,

4. Upendra Mistry Both are sons of Vishwanath Mistry, All resident of village Ledha, P.S. - Akbarpur, District - Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Hirday Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,307,379 and 504 of the Indian Penal Code. The prosecution case is that while the informant was constructing his house, accused persons including the petitioners came variously armed when petitioner no. 1 Rooplal Mistry caused injury with Khanti to the nephew of the informant namely Suryadeo Mistry, petitioner no. 2 Mukesh Mistry assaulted Rohit with Sawal on his head. Petitioner no. 3 Uday Mistry caused injury on the head of the informant with garasa when petitioner

Patna High Court Cr.Misc. No.35097 of 2015 (2) dt.03-09-2015 2/2 no. 4 Upendra Mistry caused injury with iron rod to the son of the informant namely Vijay Mistry.

It is submitted by the learned counsel for the petitioners that the petitioners are agnates of the informant and for bonafide land dispute the accusation has been levelled. There is counter version of the occurrence and several persons received injuries from the petitioners side also. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Nawada in connection with Akbarpur P.S. Case No.117 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T