Subodh Mishra And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.55517 of 2017 (2) dt.01-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55517 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Subodh Mishra
2. Vinod Mishra
3. Pramod Mishra All three are sons of Late Lakharaj Mishra resident of Village : Nagadaha Nara, P.S.: Malahi, District : East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Md. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Govindganj (Malahi) Police Station Case No. 167 of 2017, disclosing offences under Sections 406, 420, 467, 468, 471, 341, 504/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, this case is a counter blast of Govindganj P.S. Case No. 170 of 2017 which was lodged against the informant by the petitioners, which is evident from annexure-2. There is land dispute
Patna High Court Cr.Misc. No.55517 of 2017 (2) dt.01-12-2017 prevailing between the parties on account of a piece of land and these petitioners have falsely been implicated in this case on account of earlier case. Hence, the petitioners, who are of clean antecedent, deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari (East Champaran), in connection with Govindganj (Malahi) Police Station Case No. 167 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T