Radheshyam Mishra @ Radheshyam Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80314 of 2024 Arising Out of PS. Case No.-357 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Radheshyam Mishra @ Radheshyam Kumar Mishra S/O Surendra Mishra Resident of village - Sherpur, P.S.- Muffasil, District- Saran. 2.

Pinki Devi W/o- Ranjit Pandey, D/o- Surendra Mishra, Resident of village - Sherpur, P.S.- Muffasil, District- Saran.

3.

Deenanath Mishra @ Dinanath Kumar Mishra S/o- Surendra Mishra Resident of village - Sherpur, P.S.- Muffasil, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Chhapra Muffasil P.S. Case No. 357 of 2024, instituted under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence petitioners came at the house of informant and starting abusing and assaulting the informant and her Gotani. They pressurized to withdraw Case No. 331 of 2024 otherwise to face dire consequences. It is alleged that petitioner no. 1 stabbed with knife on the head of informant and her Gotani at the instance of petitioner no. 2.

Patna High Court CR. MISC. No.80314 of 2024(2) dt.04-12-2024 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to land dispute between the parties. Both parties are own Gotia. The injuries sustained by the injured are simple in nature. The allegation with regard to tear of clothes are ornamental. Petitioners have two criminal antecedents. They undertake to co-operate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Chhapra Muffasil P.S. Case No. 357 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T