Ashwani Kumar Mishra @ Santosh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44192 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

ASHWANI KUMAR MISHRA @ SANTOSH MISHRA Son of Uday Pratap Mishra Resident of Village - Padhauti, P.S.- Bhagwanpur, DistrictKaimur at Bhabua 2.

Vikash Mishra @ Bittu @ Vikash Kumar Son of Uday Pratap Mishra Resident of Village - Padhauti, P.S.- Bhagwanpur, District- Kaimur at Bhabua ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP For the Informant :

Mr. Pawan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-07-2019 Heard learned counsel appearing on behalf of the petitioners, learned counsel appearing on behalf of the informant and learned A.P.P. representing the State. This application for anticipatory bail arises out of Bhagwanpur P.S. Case No. 78 of 2019 for the offence punishable under Sections 341, 323, 307, 447, 504 and 379/34 of the Indian Penal Code.

For an occurrence, which is said to have taken place, two First Information Reports have been registered, including a First Information Report filed by one Santosh Mishra (petitioner No.1 herein).

Patna High Court CR. MISC. No.44192 of 2019(2) dt.18-07-2019 2/3 Learned counsel appearing on behalf of the petitioners has submitted that land dispute is the reason behind the alleged occurrence, which fact has been concealed in the First Information Report in question.

Learned counsel appearing on behalf of the informant resisted the prayer for grant of anticipatory bail referring to the seriousness of the allegation. Be that as it may, considering the background, in which the occurrence is said to have taken place, and the nature of accusation, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Kaimur at Bhabhua, in Bhagwanpur P.S. Case No. 78 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,

Patna High Court CR. MISC. No.44192 of 2019(2) dt.18-07-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T