Sunil Kumar Mishra @ Dr. Sunil Kumar Mishra And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.50703 of 2015 (2) dt.06-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50703 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sunil Kumar Mishra @ Dr. Sunil Kumar Mishra Son of Chandeshwar Mishra,
2. Pundeo Mishra, Son of Late Durga Mishra,
3. Rameshwar Mishra, Son of Pundeo Mishra,
4. Munna Mishra, Son of Late Chandeshwar Mishra, All are Resident of Village - Gaunahi, Police Station - Chhauradano, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 341, 379, 387, 504 and 506 of the Indian Penal Code registered in connection with Chhauradano P.S. Case No. 107 of 2015.
3. It is submitted that the petitioners have been falsely implicated in what essentially constitutes a civil dispute as the informant has obtained decree on the basis of collusive partition suit showing compromise. The land in question earlier stood in the name of father of the petitioner no. 2 who was not made party in the partition suit nor
Patna High Court Cr.Misc. No.50703 of 2015 (2) dt.06-11-2015 notice issued to him before mutation in the name of the informant's father.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chhauradano P.S. Case No. 107 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Md. Ibrarul/- U T