Chandrakant Mishra @ Dimpal Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36792 of 2016 Arising Out of PS.Case No. -303 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Candrakant Mishra @ Dimpal Mishra

2. Rohit Kumar Mishra @ Rohit Mishra Both are sons of Ramanad Mishra resident of Village-Kurra, Police Station- Mohania, District- Kaimur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mohania Police Station Case No. 303 of 2016, disclosing offences under Sections 448/341/323/324/ 307/34 of the Indian Penal Code.

The petitioners and the informant are cousins. Learned Counsel for the petitioners has submitted that though there is allegation of causing injury by sharp-cutting weapon, in the injury report, the injuries have been found to be caused by hard and blunt substance. He has further submitted that property dispute between the parties is the reason behind lodging of the present false

Patna High Court Cr.Misc. No.36792 of 2016 (2) dt.06-09-2016 2/2 case.

Considering the above submission, this application is allowed.

Let the petitioners, namely, Candrakant Mishra @ Dimpal Mishra and Rohit Kumar Mishra @ Rohit Mishra, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua, in connection with Mohania Police Station Case No. 303 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √