Achchutanand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62594 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== ACHCHUTANAND MISHRA Son of Late Bangtu Mishra Resident of Village- Murli, P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Kishanpur P.S. Case No.158 of 2020, registered for the offences punishable under Sections 341, 323, 324, 447, 448, 307, 354(B), 379, 504, 325, 506 and 34 of the Indian Penal Code. Co-accused, Adhikant Mishra, son of the petitioner, is said to have brutally assaulted the informant by means of spade causing injuries on his head, right wrist, nose, back and left arm. When the informant entered into his house in order to save himself, the petitioner and other co-accused persons also entered into the house of the informant variously armed with bhala, farsa, spade and iron rod and they all started assaulting the family members of the informant including the old, female members and children of the family.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.62594 of 2021(3) dt.23-08-2022 2/2 petitioner is innocent and has falsely been implicated in the present case. It is also submitted that the petitioner has got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is submitted that the allegations are general and omnibus. No specific allegation is made against the petitioner. It is further submitted that there is admitted land dispute between the parties. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No.158 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T