Ganga Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75958 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- KADWA District- Katihar ====================================================== 1.

Ganga Mistri Son of Late Videshi Mistri 2.

Rajdev Mistri Son of Late Raghunath Mistri @ Late Raghunandan Mistri 3.

Deepak Mistri @ Deepak Kumar Mistri Son of Rajdev Mistri (wrongly typed in the impugned order as Reajdev Mistri) 4.

Karan Kumar @ Karan Kumar Mistri Son of Vinod Mistri 5.

Ranjeet Kumar @ Ranjeet Kumar Mistri Son of Rajdev Mistri (wrongly typed in the impugned order as Ranjeet Kumar 2 Ranjeet Kumar Mistri) All Resident of Village - Dokhra, P.S. - Kadwa, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioners and Mr. Pranav Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Kadwa P.S. Case No. 133 of 2024 instituted for the offence under Sections 341, 323, 324, 325, 354, 307 and 379/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioners along with others went to the house of the informant and they started assaulting the informant with lathi, danda and sharp

Patna High Court CR. MISC. No.75958 of 2024(2) dt.25-11-2024 2/3 cutting weapon. It is alleged that Shivnarayan Sharma and Rajkumari Devi came to rescue but they were also being assaulted. Ganga Mistri knocked down the informant and pulled her saree. It is further alleged that golden chain was also snatched by him. Rajdev Mistri assaulted her husband with sharp cutting weapon.

4. During course of the argument, learned counsel for the appellants has submitted that prior to this case, the petitioners have filed a case for the same occurrence on the same day. On perusal of the case record it transpires that both sides have received injuries. The nature of allegation is general and omnibus. It is a case of free fight between the parties.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kadwa P.S. Case no. 133 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of

Patna High Court CR. MISC. No.75958 of 2024(2) dt.25-11-2024 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T