Patna High CourtCR. MISC./49132/2015disposed

Budhi Sagar Mishra And ORS v. The State Of Bihar

2015-11-04Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49132 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -SC/ST PS District- DARBHANGA ======================================================

1. Budhi Sagar Mishra, son of Late Brij Kishore Mishra.

2. Sheet Mishra, Son of Budhi Sagar Mishra.

3. Gokhalanand Mishra @ Gokulanand Mishra, son of Late Kumar Mishra

4. Dilip Mishra, son of Bhairab Mishra

5. Shivnandan Mishra @ Shivanand Mishra, son of Late Kumar Mishra All residents of Village- Mahinam (Pachhawari Tola), P.S.- Bahera, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-11-2015 Heard Mr. Yadav for the petitioners and Mr. Bhagat, Special PP for the State.

The petitioners are family members of Rahul Mishra with whom there was exchange of hot words with the nephew of the informant. They are facing accusations punishable under diverse penal provisions as well as Section 3(i)(x) of the SC/ST Act vide SC/ST P.S. Case No 5 of 2015.

Mr. Yadav placed the F.I.R. from which it appears that the allegations are trivial in nature. It has been pointed out that the allegation under Section 354 IPC has not been found substantiated in course of investigation.

Considering the fact that the petitioners are also accused of

Patna High Court Cr.Misc. No.49132 of 2015 (2) dt.04-11-2015 2/2 the penal provisions of the SC/ST Act and there is statutory bar against grant of anticipatory bail, I am not persuaded to extend the privilege of anticipatory bail to the petitioners. Let the petitioners surrender and pray for regular bail. If they do so, I am sure, the Court below shall consider the case of the petitioners on merit unprejudiced by the present order. The bail application is disposed of.

(Kishore Kumar Mandal, J) Pankaj/- U T