Brahmdeo Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58050 of 2019 Arising Out of PS. Case No.-423 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== 1.

BRAHMDEO MISTRI, aged about 55 years, (Male), Son of Awadh Mistri, 2.

Rajesh Mistri, aged about 27 years, (Male), Son of Brahmdeo Mistri, 3.

Sonu Mistri, aged about 25 years, (Male), Son of Brahmdeo Mistri, 4.

Chhotu Mistri, aged about 22 years, (Male), Son of Brahmdeo Mistri, All Resident of Village - Batraha, Ward No. 25, Thakur Chowk, P.S. - Saharsa, District - Saharsa.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 447, 504, 34 of the Indian Penal Code. Prosecution story in brief is that on 06.05.2019 at 8.00 A.M. informant came out then the accused persons came with sword in their hands and they attacked with sword blow on his head and lathi.

Learned counsel for the petitioners submits that there is general omnibus against the petitioner nos. 1, 2 and 3. There

Patna High Court CR. MISC. No.58050 of 2019(3) dt.18-11-2019 2/2 is land dispute between the parties. The injury report is simple in nature. There is no specific allegation against the petitioner nos. 1, 2 and 3. The petitioners have man of clean antecedent. In the aforesaid facts and circumstances of the case, let the petitioner nos. 1, 2 and 3, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No. 423 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

However, there is specific allegation against the petitioner no. 4, therefore, I am not inclined to grant anticipatory bail application to the petitioner no. 4. Anticipatory bail application is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T