Kishori Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8882 of 2021 Arising Out of PS. Case No.-356 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

KISHORI MISTRI Son of Jhagru Mistri Resident of Village - Jamalpur, Ward No.01, P.S.- and Dist.- Sheikhpura.

2.

SUDDU MISTRI Son of Kishori Mistri Resident of Village - Jamalpur, Ward No.01, P.S.- and Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-10-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sheikhpura P.S. Case No. 356 of 2020 registered under Sections 147, 148, 149, 341, 323, 337, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. There is no specific allegation against the petitioner no.1. Further submission is that petitioners have no criminal antecedent.

Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.8882 of 2021(2) dt.22-10-2021 2/2 opposed the prayer of the petitioner no. 2 by contending that the first information report itself shows that there is specific allegation of assault against him by means of iron rod on the head of the informant. The injury also corroborates the same. Hence, petitioner no. 2 does not deserve anticipatory bail. Having considered the facts and circumstances of the case, prayer of the petitioner no. 2 for grant of anticipatory bail is rejected.

So far as prayer of petitioner no.1 is concerned, his prayer for grant of anticipatory bail is allowed. Let the above named petitioner no. 1 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of C.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No. 356 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T