Durgesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69784 of 2023 Arising Out of PS. Case No.-412 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.

DURGESH MISHRA S/O AKSHAY KUMAR MISHRA @ AKSHY MISHRA RESIDENT OF VILLAGE UMEDPUR PS BRAHAMPUR DISTRICT BUXAR 2.

SHRIRAM MISHRA @ SRI RAM MISHRA S/O AKSHAY KUMAR MISHRA @ AKSHY MISHRA RESIDENT OF VILLAGE UMEDPUR PS BRAHAMPUR DISTRICT BUXAR 3.

HARIKESH MISHRA S/O AKSHAY KUMAR MISHRA @ AKSHY MISHRA RESIDENT OF VILLAGE UMEDPUR PS BRAHAMPUR DISTRICT BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-11-2023 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code, registered in connection with Brahampur P.S.Case No. 412 of 2023.

3. As per allegation, the petitioners assaulted the informant with bhujali, iron rod, phasuli etc. following refusal by him to accompany them for a religious trip.

4. The learned counsel for the petitioners has

Patna High Court CR. MISC. No.69784 of 2023(2) dt.01-11-2023 2/2 submitted that the petitioners have falsely been implicated in this case. The injuries are simple in nature and there is case and counter case.

5. On the other hand, the learned APP for the State has opposed the prayer for anticipatory bail and submitted that petitioner no.1 is the direct assailant.

6. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released 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 CJM, Buxar in connection with Brahampur P.S.Case No.412 of 2023, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Nawneet Kumar Pandey, J) HR/- U T