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Patna High CourtCR. MISC./71353/2021bail granted

Bihari Mistri v. The State Of Bihar

2022-03-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71353 of 2021 Arising Out of PS. Case No.-299 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

BIHARI MISTRI S/o- Kishori Mistri Resident of Village- Bajaul, P.S.- Wazirganj, District- Gaya.

2.

SITAN MISTRI S/o Kishori Mistri Resident of Village- Bajaul, P.S.- Wazirganj, District- Gaya.

3.

SANNI MISTRI S/o Kishori Mistri Resident of Village- Bajaul, P.S.- Wazirganj, District- Gaya.

4.

KISHORI MISTRI S/o Dego Mistri Resident of Village- Bajaul, P.S.- Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 307, 379 and some other minor Sections of the Indian Penal Code.

As per the prosecution case, these petitioners are alleged to have assaulted three persons, including the informant, with Lathi, Garasa and Tangi as a result of which they sustained injuries.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.71353 of 2021(2) dt.08-03-2022 2/2 that petitioners are innocent and have falsely been implicated in the case due to land dispute. It is submitted that, as per FIR, there is allegation that three persons, including the informant, were assaulted by the accused persons but only one injury report of Vikas Mistri is on record. The allegation u/s 379 of the IPC is found to be false. Petitioners claim clean antecedent and is in custody since16.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Gaya in connection with Wazirganj PS case No.299/2021. (Prabhat Kumar Singh, J) BKS/- U T