Laltun Mishra @ Sujeet Mishra @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60878 of 2021 Arising Out of PS. Case No.-14 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

LALTUN MISHRA @ SUJEET MISHRA @ SUJEET KUMAR Son of Shashi Bhushan Mishra Resident of Village- Bas Gopalpur (East Dafarpur), P.S.- Naokothi, District- Begusarai.

2.

Randhir Singh Son of Madho Singh Resident of Village- Bas Gopalpur (East Dafarpur), P.S.- Naokothi, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 385, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, for a demand of 'rangdari' the FIR named accused persons including the petitioners assaulted the

Patna High Court CR. MISC. No.60878 of 2021(2) dt.11-07-2022 2/3 informant and his brother with rod and butt of pistol, due to which the head of informant was cut and the bone of head of both brothers were broken. The accused persons then threatened them to kill the next day by flashing pistol. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to the admitted land dispute. No such occurrence, in the manner as alleged, has ever taken place. There is a case and counter-case between the parties for the alleged occurrence and both sides have sustained injuries. During investigation, police filed final form, thereafter, the court below has taken cognizance against the petitioners. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a case and counter case between the parties and the final form has been submitted, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the

Patna High Court CR. MISC. No.60878 of 2021(2) dt.11-07-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Naw Kothi P.S. Case No.14 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T