Manoj Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56737 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

Manoj Mistry, Son of Hari Narayan Mistry Resident of Village - Narahi, P.S.- Dulhin Bazar, District - Patna.

2.

Raja Kumar, Son of Manoj Mistry Resident of Village - Narahi, P.S.- Dulhin Bazar, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Ranjan Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dulhin Bazar P.S. Case no. 115 of 2019, registered under Sections 341, 323, 307, 448, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that five persons named in the F.I.R., including the petitioners, came at the door of the informant Shiv Prasad and started to abuse him. When informant made protest then Bhola Vishwakarma @ Pintu on the point of pistol ordered to kill him. Thereafter, he was assaulted through lathi and danda. At that time, Mani Kumar

Patna High Court CR. MISC. No.56737 of 2019(2) dt.06-09-2019 2/2 gave knife blows with intention to killed Rajeshwar Singh, who fell down. In the meantime, Niranjan Kumar snatched Rs. 5000/- from the pocket of Baleshwar Yadav.

Learned counsel for the petitioners submits that, although, petitioners are named in the F.I.R., but no specific overt act has been attributed against the petitioners. Moreover, the informant had filed compromise petition at the time of disposal of A.B.P. No. 4828 of 2019 by the Court of Addl. Sessions Judge-I, Danapur. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-III, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 115 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T