Ram Tapasya Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34806 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- GOVINDGANJ District- East Champaran ======================================================

1. Ram Tapasya Mishra

2. Subhash Mishra both are sons of late Sheonath Mishra

3. Mirtunjay Mishra s/o Krishana Mishra

4. Pappu Mishra s/o Kedar Mishra

5. Kedar Mishra s/o late Bir Mishra all are resident of village - Chhatiya, P.S. - Malahi, Distt - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Pramod Kumar Pandey, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-07-2018 Heard Sri Pramod Kumar Pandey , learned counsel for the petitioners and learned Additional Public Prosecutor. Five petitioners, who were arrayed as accused in the F.I.R., apprehending their arrest in connection with Govindganj (Malahi) P.S. Case No. 81 of 2018 , registered for the offence under Section 147/341/323/308/379/504 of the Indian Penal Code,1860, have prayed for grant of bail in the event of their arrest or surrender primarily on the ground that in the case informant with whom land dispute was going on has lodged the F.I.R. on 18.04.2018 by way of filing written report for an occurrence which allegedly took place on 15.04.2018. It has also been argued that no injury report was produced even before

Patna High Court Cr.Misc. No.34806 of 2018(2) dt.02-07-2018 2/2 the Court below.

Besides hearing, I have perused the materials available on record particularly the F.I.R. and after going through the same, I am of the opinion that it is a fit case for passing favourble order.

Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid five petitioners namely (1) Ram Tapasya Mishra, (2) Subhash Mishra, (3) Mirtunjay Mishra , (4) Pappu Mishra and (5) Kedar Mishra be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1, Motihari / concerned court in connection with Govindganj ( Malahi ) P.S. Case No. 81 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T