Haresh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47008 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Haresh Mishra, Son Of Ramji Mishra, Resident Of Village Mishra Tola Tejpurwa, P.S.- Malalhi, District- East Champaran 2.

Sima Devi, Wife Of Haresh Mishra, Resident Of Village Mishra Tola Tejpurwa, P.S.- Malalhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Paharpur P.S. No. 34 of 2023 registered for the offences punishable under Sections 323, 341, 324, 307, 380, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with the co-accused persons came at the door of the informant and scattered sand and cement which was kept for using in plaster of house and the same was opposed by the informant then all the named accused persons used filthy language and coaccused Prince Mishra assaulted with iron rod on the head of the informant and petitioners no. 1 Haresh Mishra assaulted the informant with danda causing injury on her leg and body.

Patna High Court CR. MISC. No.47008 of 2023(2) dt.19-08-2023 2/2

4. Learned counsel for the petitioners submits that both the parties are agnates having land dispute. There is no specific allegation against the petitioner no. 2 and the injury caused on the informant is simple in nature. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Paharpur P.S. Case No. 34 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T