Vijay Kumar Mishra @ Vijay Kumar Mishr v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64096 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.
Vijay Kumar Mishra @ Vijay Kumar Mishr Son Of Late Kripanand Mishra Resident Of Village Chitragupt Nagar, Kayasth Tola, Ward No. 33, P.S. And District- Saharsa 2.
Usha Mishra @ Vijay Kumar Mishra Ki Patni Wife Of Vijay Kumar Mishra @ Vijay Kumar Mishr Resident Of Village Chitragupt Nagar, Kayasth Tola, Ward No. 33, P.S. And District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard Mr. Sanjeev Kumar, learned counsel for the petitioners and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 354(B), 379, 504, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners are said to have abused and assaulted the informant and also stolen golden chain from her neck worth Rs.55,000/.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not
Patna High Court CR. MISC. No.64096 of 2024(2) dt.01-10-2024 2/2 specific rather general and omnibus in nature. He submits that there is case and counter case between the parties. He further submits that earlier the petitioner has lodged a case against the informant, thereafter, the present case was lodged by the informant. He next submits that there is an admitted dispute between the parties regarding drainage. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that there is an admitted dispute between the parties regarding drainage, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Saharsa Sadar P.S. Case No.485 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T