Krishna Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63732 of 2023 Arising Out of PS. Case No.-883 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Krishna Kumar Mishra Son Of Vishwanath Mishra Resident Of Village - Dhevani, P.S. - Brahmpur, District - Buxar 2.
Shailendra Mishra Son Of Late Ram Chandra Mishra Resident Of Village - Dhevani, P.S. - Brahmpur, District - Buxar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyapal Singh For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 147, 148, 149, 341, 323, 324, 325, 307, 354A, 379, 504, of the Indian Penal Code.
3. As per FIR, the informant alleged that the petitioners and co-accused persons armed with various weapons came at her house and upon instigation of these petitioners they started abusing and assaulting. It is further alleged that the accused Krishna Kumar gave iron rod blow to the husband of the informant due to which he sustained injury
Patna High Court CR. MISC. No.63732 of 2023(2) dt.10-10-2023 2/3 on his head and the he also snatched golden chain worth Rs. 45,000/- from the neck of one Basudev Mishra and the petitioner No-2 gave iron rod blow upon the head of Ramesh Mishra due to which he also sustained injury on his head, other co-accused persons also assaulted family members of the informant.
4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to previous land enmity. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. It is further submitted that the petitioners are languishing in judicial custody since 05.07.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Brahmpur P.S. Case No. 833 of 2022 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.63732 of 2023(2) dt.10-10-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar. (Sunil Kumar Panwar, J) Manishkumar/- U T