Manoranjan Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46282 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Manoranjan Mishra, Son of Ramdayal Mishra,

2. Chagani Mishra @ Jitendra Mishra Son of Rangnath Mishra, Both are R/o Village + P.O.- Sonebarsha, P.S.- Industrial (Buxar), District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Buxar (Industrial) P.S. Case No. 106/2017, disclosing offences under Sections 447, 448, 380, 341, 323, 504, 506, 307 and 34 of the Indian Penal Code and section 27 of the Arms Act. It is the case of the prosecution that theft of certain articles including the computers was committed in the school and when the informant after having noticed this, was on way to some other place, accused persons started assaulting him and his son. Learned counsel appearing on behalf of the petitioners has submitted that the case of the prosecution as directed in the First Information Report is highly improbable. He has also

Patna High Court Cr.Misc. No.46282 of 2017 (2) dt.07-11-2017 2/2 submitted that the petitioners and the informant are agnates and the F.I.R. has been registered because of some dispute between them.

Considering the above submission, this application is allowed.

Let the petitioners above named, in the event of their arrest or surrender before the court below within six weeks, 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 learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Industrial) P.S. Case No. 106/2017, 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vinita/- U T