Awadh Kishore Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59649 of 2025 Arising Out of PS. Case No.-261 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
Awadh Kishore Mishra S/O Lalbabu Mishra R/O Vill.- Rampur Khajuriya, P.S.-Dumariyaghat, District- East Champaran 2.
Ritesh Kumar Mishra S/O Lal Babu Mishra R/O Vill.- Rampur Khajuriya, P.S.-Dumariyaghat, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Adv.
Mr. Manjeet Kumar Mishra For the Opposite Party/s :
Mrs.Anita Kumari, APP Mr. Sanjay Kumar, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 467, 468, 471, 472, 419, 420/34 of the Indian Penal Code.
3. According to F.I.R., informant has alleged that impersonating his uncle Ramjnish Mishra, who is missing since last 57 years at the age of 15 years, accused persons fraudulently and under conspiracy executed sale-deed of his land.
4. Learned counsel for the petitioners submits that from bare perusal of the F.I.R., it is apparent that co-accused Lalbabu Mishra is alleged to have executed sale-deed of land of
Patna High Court CR. MISC. No.59649 of 2025(2) dt.15-10-2025 2/2 informant and petitioners are sons of co-accused Lalbabu Mishra and have got no concern with the alleged offence. Moreover, the case is purely of civil nature. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the fact that dispute is civil in nature and petitioners have got clean antecedent, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioners be enlarged 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 C.J.M., Motihari, East Champaran in connection with Dumariyaghat P.S. Case No. 261 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J) anay U T