Mishri Saw @ Mishri Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69391 of 2021 Arising Out of PS. Case No.-272 Year-2021 Thana- DIGHWARA District- Saran ====================================================== MISHRI SAW @ MISHRI SAH Son of Late Jagarnath Saw @ Late Jagarnath Sah Resident ofVillage- Purshottampur, P.S. Dighwara, District - Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69952 of 2021 Arising Out of PS. Case No.-272 Year-2021 Thana- DIGHWARA District- Saran ====================================================== SURENDRA SAW @ SURENDRA SAH S/o Late Jagarnath Saw @ Late Jagarnath Sah R/o village- Purshottampur, P.S.- Dighwara, District- Saran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 69391 of 2021) For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Umanath Mishra (In CRIMINAL MISCELLANEOUS No. 69952 of 2021) For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Dighwara P.S. Case no. 272 of 2021 instituted for the offence punishable under Sections 341, 323, 307, 506, 504/34 of

Patna High Court CR. MISC. No.69391 of 2021(3) dt.18-07-2022 2/3 the Indian Penal Code.

As per allegation in the FIR, over a dispute of passage and drainage, an scuffle took place. Petitioner Mishri Saw gave iron rod blow on the head of the informant resulting into his head injury.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. They have got no criminal antecedent. Both parties are agnates. There is no allegation of reputation of blow against the petitioners. Informant has sustained only one injury. Both parties are agnates and due to previous land dispute the occurrence took place.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dighwara P.S. Case no. 272 of 2021, they will be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.69391 of 2021(3) dt.18-07-2022 3/3 Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U