Sribhagwan Mistri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80466 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- PALIGANJ District- Patna ====================================================== 1.
Sribhagwan Mistri S/o- Late Lohri Mistri Village- Ranipur Korara PSPaliganj District- Patna 2.
Upendra Mistri @ Upendra Kumar S/o- Sribhagwan Mistri Village- Ranipur Korara PS-Paliganj District- Patna 3.
Jitendra Mistri @ Jitendra Kumar S/o- Sribhagwan Mistri Village- Ranipur Korara PS-Paliganj District- Patna 4.
Mina Devi W/o- Sribhagwan Mistri Village- Ranipur Korara PS-Paliganj District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Shamimul Hoda For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2024
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Paliganj P.S. Case No. 285 of 2024 registered under Sections 126, 115(2), 333, 109, 351(2), 351 (3), 3(5) of the B.N.S. 2023.
3. As per the first information report due to previous land dispute the petitioners assaulted the informant and his son by lathi, danda, khanti etc.
4. Learned counsel for the petitioners submits that from perusal of the first information report itself it would be apparent that the occurrence has taken place due to land dispute between
Patna High Court CR. MISC. No.80466 of 2024(2) dt.10-12-2024 2/3 the parties. A counter case has also been lodged by the side of the petitioners for an occurrence which has taken place on the same date and time bearing Paliganj P.S. Case No. 286 of 2024. Referring to the impugned order, learned counsel submits that a bruise was found on the head of the informant and injury to the person of the son of the informant was a lacerated wound over the right parietal region of size 3cm x 1cm and lacerated wound was found over his left little finger which are not serious in nature.
5. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that petitioners assaulted the informant and his son due to land dispute on the vital part of the body and they sustained injury and were treated at P.H.C., Paliganj and subsequently were referred to the A.I.I.M.S., Patna.
6. Regard being had to the submission made by the parties, taking into consideration the fact that there is general and omnibus allegation against all the petitioners, the occurrence has taken place due to land dispute and counter version has also been lodged by the side petitioners, as such, I am inclined to grant anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on
Patna High Court CR. MISC. No.80466 of 2024(2) dt.10-12-2024 3/3 anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 285 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T