Patna High CourtCR. MISC./54831/2024allowed

Ritik Kumar Mishra v. The State Of Bihar

2024-10-26Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54831 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Ritik Kumar Mishra Son of Rabindra Kumar Mishra R/O Vill.- Phulpura, P.S.- Bidupur, Dist.- Vaishali 2.

Kallu Kumar Mishra Son of Rabindra Kumar Mishra R/O Vill.- Phulpura, P.S.- Bidupur, Dist.- Vaishali 3.

Gaurav Kumar Mishra Son of Rabindra Kumar Mishra R/O Vill.- Phulpura, P.S.- Bidupur, Dist.- Vaishali 4.

Nandan Kumar Mishra Son of Shankar Kumar Mishra @ Shankar Mishra R/O Vill.- Phulpura, P.S.- Bidupur, Dist.- Vaishali 5.

Manish Kumar Mishra Son of Shankar Kumar Mishra @ Shankar Mishra R/O Vill.- Phulpura, P.S.- Bidupur, Dist.- Vaishali 6.

Chandan Kumar Mishra Son of Shankar Kumar Mishra R/O Vill.- Phulpura, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Bidupur P.S. Case No.186 of 2024 instituted under Sections 341, 323, 324, 452, 307, 504, 506/34, 354A and 354 of the I.P.C.

3. As per prosecution case, the F.I.R. named accused persons including petitioners are alleged to have assaulted the informant and his family members with deadly weapons and

Patna High Court CR. MISC. No.54831 of 2024(3) dt.26-10-2024 2/3 broke the household articles. They are also alleged to have snatched Rs.10,000/- from the informant's pocket and fled away.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to land dispute. There is no specific allegation against the petitioners. The allegation is general and omnibus. The present case is a counter blast of Bidupur P.S. Case No.196 of 2024 filed by the father of petitioner nos.1 to 3. The injuries sustained by the injured are simple in nature. Petitioner nos.1, 2 and 3 have no criminal antecedents, petitioner nos.4 and 5 have one criminal antecedent and petitioner no.6 has two criminal antecedents in which they are on bail. Petitioners undertake to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali in connection with Bidupur P.S. Case No.186 of 2024,

Patna High Court CR. MISC. No.54831 of 2024(3) dt.26-10-2024 3/3 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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