Pawan Kumar Mishra @ Pawan Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19764 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -BANIAPUR District- SARAN ======================================================

1. PAWAN KUMAR MISHRA @ PAWAN MISHRA, S/o Ranjit Mishra

2. Diraj Mishra @ Chuman Mishra, S/o Hirdaya Nand Mishra, Both are resident of village - Lulha Dhanaw, P.S. Baniapur, District - Saran at Chapra.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Baniapur P.S. Case No. 53 of 2016, registered under Sections 341, 323, 504, 307/34 and 302 of the Indian Penal Code. The accusation is that seven persons named in the F.I.R. including the petitioner variously armed with weapon came at the door of the informant and started abusing to him. In that course, Ranjeet Mishra caused injury through 'Farsa' at the head of the informant. Whereas, Abhay Mishra @ Pandit Mishra, Banti Mishra, Anshu Mishra and both the petitioners caused injury to Rameshwar Mishra, Chandradeo Mishra, Krishna Devi, Ramniwash Mishra, father, grandfather, mother,

Patna High Court Cr.Misc. No.19764 of 2016 (4) dt.13-07-2016 2/2 grandmother and uncle, respectively, of the informant. The cause of occurrence is old land dispute.

Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners and others to cause injury to Rameshwar Mishra, Chandradeo Mishra, Krishna Devi, Ramniwash Mishra, father, grandfather, mother, grandmother and uncle, respectively, of the informant and Chandradeo Mishra died during the course of treatment but only two injuries i.e. one on the head and other on the elbow were found on the person of the deceased caused by hard and blunt substance.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released 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 the Chief Judicial Magistrate, Saran at Chapra in connection with Baniapur P.S. Case No. 53 of 2016. (Rajendra Kumar Mishra, J.) manish/- U T