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Patna High CourtCR. MISC./53999/2019bail granted

Onkar Nath Mishra v. The State Of Bihar

2019-08-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53999 of 2019 Arising Out of PS. Case No.-349 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

ONKAR NATH MISHRA S/o Late Hosila Prasad Mishra, Resident of Village- Jokha, P.S.- Manuapool, District- W. Champaran. 2.

Randheer Mishra S/o Onkar Mishra, Resident of Village- Jokha, P.S.- Manuapool, District- W. Champaran.

3.

Kundan Mishra Son of Onkar Mishra, Resident of Village- Jokha, P.S.- Manuapool, District- W. Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2019 Heard both sides.

Petitioners apprehend their arrest in Bettiah (Muffasil) Manuapool P.S. Case No.349 of 2019 registered under Sections 341, 323, 467, 468, 471, 406, 420, 504 and 506 of the Indian Penal Code.

The informant alleged that when he was in his field, the petitioners came and assaulted him with fists and slaps and Onkar Nath Mishra (petitioner no.1) disclosed that he knowingly executed the sale deed putting wrong plot numbers. Learned counsel for the petitioners submits that the petitioners are cousin and uncle of the informant. The informant

Patna High Court CR. MISC. No.53999 of 2019(2) dt.28-08-2019 2/2 has been coming in possession of the land purchased by him from Onkar Nath Mishra for last 28 years but some discrepancy was detected in the sale deed and on such the informant lodged the case making false and concocted story.

Having considered the facts and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 C.J.M., Bettiah, West Champaran in connection with Bettiah (Muffasil) Manuapool P.S. Case No.349 of 2019 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T