Shashi Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11681 of 2015 Arising Out of PS.Case No. -232 Year- 2007 Thana -PARWATTA District- KHAGARIA ======================================================
1. Shashi Mishra
2. Ashok Mishra Both Sons of Awadhi Mishra @ Awadha Narayan Mishra resident of Village - Dumri Khurd, P.S. - Parbatta, Distt. - Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2015 Heard both sides.
The petitioners seek bail in a case registered for the offences punishable under sections 307/34 and other allied sections of the Indian Penal Code.
The deceased is the informant of the case. He stated that Sanjay Mishra assaulted many times with sickle on his head. Petitioner Shashi Mishra is alleged to have fired which hit on the leg of the informant and Ashok Mishra, petitioner no. 2, is alleged to have assaulted the informant with axe. Learned counsel for the petitioners submits that there is no fire arm injury. Ashok Mishra is alleged to have assaulted with axe but no injury is found on the body of the
Patna High Court Cr.Misc. No.11681 of 2015 (6) dt.04-08-2015 deceased caused by sharp edged weapon. Bandage wound was found on the head of the deceased on account of which the deceased died. Sanjay Mishra, who is alleged to have assaulted repeatedly on the head of the deceased, has already been granted bail.
Considering the facts aforesaid, the petitioners, above named, are directed to be enlarged 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 3rd Additional Sessions Judge, Khagaria in connection with Sessions Trial No. 136 of 2010 arising out of Parbatta P.S. Case No. 232 of 2007. (Prabhat Kumar Jha, J) Amin/- U