Shiv Shankar Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67840 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.
SHIV SHANKAR MISTRY Son of Late Janki Mistry Resident of Village - Shekha Bigha, P.S.- Buniyadganj, District- Gaya 2.
Ravi Kumar @ Ravi Mistry Son of Shiv Shankar Mistry Resident of Village - Shekha Bigha, P.S.- Buniyadganj, District- Gaya 3.
Munna Kumar @ Munna Mistry Son of Shiv Shankar Mistry Resident of Village - Shekha Bigha, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Buniyadganj P.S. Case No. 249 of 2018, registered under Sections 341, 323, 379, 385, 504, 506 and 34 of the Indian Penal Code.
The accusation is that while the informant, Dinesh Thakur, and his family members was in the way, at that time, petitioners stopped the vehicle of the informant and asked for some work, then, informant replied to come at house, thereafter, petitioner no. 1, Shiv Shankar Mistry, and petitioner no. 2, Ravi
Patna High Court CR. MISC. No.67840 of 2019(2) dt.04-02-2020 2/3 Kumar @ Ravi Mistry, pelted the brick at his face, on which he fell down and sustained blood oozing injury at nose. Thereafter, Shiv Shankar Mistry snatched the gold jitiya from the neck of his wife and also taken cash of Rs.1,000/- from his pocket. 4 to 5 persons were also them, but, they could not be identified by the informant.
Submission is that in fact petitioner no. 3, Munna Kumar @ Munna Mistry, Dinesh Thakur (informant) and Pankaj Prakash entered into an agreement for purchasing the land covered under plot no. 1135, area 9 decimal, plot no. 1649, area 11⁄2 decimal and plot no. 1649, area 11⁄2 decimal, in village Shekhabigha, but, fraudulently the informant got the sale deed executed in respect to the said land in his favour and the petitioners come to make complaint and only to make pressure this case has falsely been filed against the petitioners. Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Buniyadganj P.S. Case No. 249 of 2018 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate,
Patna High Court CR. MISC. No.67840 of 2019(2) dt.04-02-2020 3/3 VIII, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T