Pankaj Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72435 of 2023 Arising Out of PS. Case No.-429 Year-2021 Thana- RIVILGANJ District- Saran ====================================================== 1.

Pankaj Kumar Mishra S/O Ranjit Mishra R/O Village- Raghopur, P.SRivilganj, Distt.- Saran. 2.

Pratima Devi @ Pratima Mishra W/O Ranjit Mishra R/O Village- Raghopur, P.S- Rivilganj, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 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 offences punishable under Sections 341, 323, 324, 504/34 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Learned counsel further submits that petitioner no.1 Pankaj Kumar Mishra is in Army posted at Jammu & Kashmir. Petitioner no. 2 Pratima Devi is aged about 73 years, mother of

Patna High Court CR. MISC. No. 72435 of 2023(2) dt.30-11-2023 2/2 the petitioner no. 1 has assaulted the informant. Petitioner no. 1 has given spade blow on the head of the informant. Injury of the informant is found grievous in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. It is admitted land dispute between the parties.

4. Learned A.P.P. for the State opposes the prayer for bail.

5. Having regard to the facts and circumstances of the case, considering the fact that petitioner no.1 is in army and petitioner no. 2 is aged about 73 years old lady and also considering that petitioners have clean antecedents, 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 Rivilganj P.S. Case No. 429 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T