Anil Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68884 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== ANIL MISTRY, aged about 39 years, Male, Son of Late Hari Mistri, Resident of Village - Bhane Bigha, P.S.- Makhdumpur, District-Jehanbad ... Petitioner

Versus

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

For the Petitioner :

M/s Akash Raj & Santosh Kumar, Adv.

For the Opposite Party :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Makhdumpur P.S. Case No. 200 of 2019, registered under Sections 147, 148, 149, 452, 341, 342, 354, 323, 324, 325, 326, 307, 302 and 120B of the Indian Penal Code.

The accusation is that due to grudge and enmity Ranjit Manjhi and Uma Mistri came at the door of the informant, Prem Prakash Kumar, and tried to outrage the modesty of his sister-in-law, Nagmani Devi, who was going to took the wood, thereafter, informant and his family members made protest, on which Ranjeet Manjhi and Uma Mistri started to abuse and called his family members. Thereafter, Madheshwar Manjhi, Sanjay Manjhi, Madan Manjhi, Madhusudan Manjhi and Anil Mistri (petitioner) came having lathi and iron rod in their hands. At that time, Minta Devi also came with knife. All of a sudden, Pramod Vishwakarma, father of the informant also reached at the house and made query about

Patna High Court CR. MISC. No.68884 of 2019(3) dt.18-02-2020 2/2 their presence, then, Anil Mistri (petitioner) caught hold his father, Pramod Vishwakarma, and, thereafter, Madheshwar Manjhi gave iron rod blow at the head of Pramod Vishwakarma. At that time, Madan Manjhi, Sanjay Manjhi and Madhusudan Manjhi also caused injury to the father of the informant, who died in course of treatment in hospital.

Submission is that while the petitioner is named in the first information report with allegation of catching to the father of the informant, but, he is not the assailant of the deceasedfather of the informant. The petitioner is in custody since 06.05.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Makhdumpur P.S. Case No. 200 of 2019 to the satisfaction of the Subdivisional Judicial Magistrate, Jehanabad. (Rajendra Kumar Mishra, J) Shamshad/- U T