Bhola Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63816 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== 1.

BHOLA MISTRI Son of Prayag Mistri Resident of Village- Gobraha, P.S.- Belaganj, District- Gaya.

2.

Sunil Kumar Son of Umesh Mistri Resident of Village- Gobraha, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 29.03.2021 at about 9:00 AM Bhola Mistri, Sunil Kumar along with other named accused persons came variously armed and started hurling abuses on the informant and even assaulted the informant and when Pramod Mistri, Sunita Devi, Bineshwar Sharma came to rescue him, they were also assaulted.

Patna High Court CR. MISC. No.63816 of 2021(2) dt.18-07-2022 2/2 Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and the present occurrence took place on account of a trivial issue as alleged in the F.I.R., it is further submitted that no injury report of any of the injured was found in the case diary as it has been specifically pleaded at paragraph '12' of the anticipatory bail application.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Belaganj P.S. Case No. 106 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T