Ashok Mishra @ Ashok Kumar Mishra And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42515 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -SIKRAUL District- BUXAR ======================================================
1. Ashok Mishra @ Ashok Kumar Mishra
2. Amod Kumar Mishra
3. Anand Mishra @ Anand Kumar Mishra All S/o Late Kashi Nath Mishra, Resident of Village -Belaon, P.S.- Sikraul (Lock), District- Buxar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s : Mrs. Veena Rani Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Sikraul P.S. Case No. 56/15 registered under Sections 147, 148, 149, 160 of the Indian Penal Code & Section 27 of the Arms Act.
The prosecution is based on the self-recorded statement of S.H.O. of Sikraul Police Station dated 24.07.2015 at 4:00 p.m. in which he has alleged that on 24.07.2015 at about 3:30 p.m. he received information from Choukidar Rajendra Prasad Singh that in village Belaon on account of land dispute, two factions were engaged in firing and counter-firing.
Patna High Court Cr.Misc. No.42515 of 2015 (2) dt.13-10-2015 2 / 2 It is contended that the petitioners are quite innocent and have committed no offence. All the offences, except Section 27 of the Arms Act, are bailable in nature. No arms were recovered from any of the petitioners and the petitioners are well-educated persons and have got roots in the society. It is further contended that if the petitioners are granted privilege of bail under Section 438 Cr. P.C., they are not likely to abscond or tamper with the evidence.
Learned counsel for the State has opposed the prayer for bail.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Sikraul P.S. Case No. 56/15 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T