Ajesh Mishra @ Ajesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38536 of 2020 Arising Out of PS. Case No.-124 Year-2020 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

AJESH MISHRA @ AJESH KUMAR MISHRA SON OF SRI KRISHNADEO MISHRA RESIDENT OF VILLAGE- DHANAUTI, P.S.- CHARPOKHARI, DISTRICT- BHOJPUR AT ARA 2.

RAVI MISHRA SON OF SRI KRISHNADEO MISHRA RESIDENT OF VILLAGE- DHANAUTI, P.S.- CHARPOKHARI, DISTRICT- BHOJPUR AT ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Mishra, Adv.

For the Opposite Party/s :

Mr.Maya Shankar Mishra, APP.

Mr. Bharat Lal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 504, 308 & 354/34 of the Indian Penal Code.

Allegedly, the petitioners are said to have abused and assaulted the informant and her daughter.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to family dispute. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.38536 of 2020(3) dt.13-02-2023 2/2 general and omnibus in nature. It is further submitted that petitioner no.2 is an Army personnel and is posted at Arunachal Pradesh in Assam Rifles whereas petitioner no.1 is a retired Army man. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Charpokhari P.S. Case No.124 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T