Jitesh Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71232 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- PHULWARIA District- Begusarai ====================================================== 1.
Jitesh Mishra, Son of Vijay Mishra @ Vijay Kumar Mishra Resident of Village - Phulwariya - 2, Ward No. 13, P.S.- Phulwariya, Distt - Begusarai. 2.
Nitesh Kumar Mishra, Son of Vijay Mishra @ Vijay Kumar Mishra Resident of Village - Phulwariya - 2, Ward No. 13, P.S.- Phulwariya, Distt - Begusarai.
3.
Sujit Mishra @ Sujit Kumar Mishra, Son of Prabhunath Mihsra Resident of Village - Phulwariya - 2, Ward No. 13, P.S.- Phulwariya, Distt - Begusarai. 4.
Sudhir Kumar Mishra, Son of Prabhunath Mishra Resident of Village - Phulwariya - 2, Ward No. 13, P.S.- Phulwariya, Distt - Begusarai. 5.
Ajit Kumar Mishra, Son of Prabhunath Mishra Resident of Village - Phulwariya - 2, Ward No. 13, P.S.- Phulwariya, Distt - Begusarai. 6.
Chandan Kumar Mishra, Son of Vishwanath Mishra Resident of Village - Phulwariya - 2, Ward No. 13, P.S.- Phulwariya, Distt - Begusarai. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam- Advocate For the Opposite Party/s :
Dr. Mrityunjaya Kr. Gautam- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-07-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners apprehend their arrest in connection with Fulwaria P. S. Case No.112 of 2019 registered for the offences punishable under Sections 341, 323, 379, 384, 504, 506, 353, 34 of the I.P.C.
Patna High Court CR. MISC. No.71232 of 2019(4) dt.10-07-2020 2/3 The informant happens to be Revenue Employee (Karmchari) and he made allegation against the petitioners that they having entered into his office not only abused and assaulted him, but demanded extortion money.
Learned counsel for the petitioners submits that as a matter of fact, the petitioner no.1 had applied for mutation of his land, but the informant demanded illegal money and when the petitioner no.1 refused to oblige the informant, the informant lodged the present case not only against the petitioner no.1, but his other family members also. Para-3 of the petition goes to show that petitioners do not have any criminal antecedent and, furthermore, the Annexure-2 to this petition fortifies the contention of learned counsel for the petitioners.
Accordingly, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajeev Kumar, learned Judicial
Patna High Court CR. MISC. No.71232 of 2019(4) dt.10-07-2020 3/3 Magistrate, 1st Class, Begusarai in connection with Fulwaria P. S. Case No.112 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) vikash/- U T