Jitendra Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54552 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- BIHTA District- Patna ====================================================== 1.

JITENDRA MISTRY Son of Mehi Lal Mistry Resident of VillageAnandpur, P.S.-Bihta, District-Patna 2.

DEEPAK KUMAR Son of Nagendra Mistry Resident of Village-Anandpur, P.S.-Bihta, District-Patna.

3.

MANOJ KUMAR Son of Nagendra Mistry Resident of Village-Anandpur, P.S.-Bihta, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 342, 307, 504, 506, 379 and 34 of the Indian Penal Code.

3. Allegation against petitioner Nos. 2 and 3 is that they assaulted the informant ( Kamaldeo Mistry) and one Pintu kumar by means of iron rod in which they sustained injury .

4. It is submitted on behalf of the petitioners that the injury caused by petitioner No. 3 is simple in nature. So far as, petitioner No. 1 is concerned there is no specific overt act

Patna High Court CR. MISC. No.54552 of 2023(2) dt.21-08-2023 2/2 alleged against him. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition and submits that injury caused by petitioner No. 2 is found to be grievous in nature .

6. Considering the fact of the case that injury caused by petitioner No. 2 is found to be grievous in nature , prayer for pre-arrest bail of petitioner No. 2 is rejected.

7. Considering the fact that the injury caused by petitioner No. 3 is simple in nature and there is no specific overt act is alleged against petitioner No. 1 , in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 and 3, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned A . C . J . MI, Danapur in connection with Bihta P.S. Case No. 336 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T