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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79760 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- KHANPURA District- Samastipur ====================================================== 1.

DEEPAK MISHRA @ DEEPAK KUMAR MISHRA Son of Santosh Mishra @ Santosh Kumar Mishra Resident of Village - Khanpur, P.S. - Khanpur, Distt.- Samastipur.

2.

Raushan Kumar Mishra Son of Santosh Mishra @ Santosh Kumar Mishra Resident of Village - Khanpur, P.S. - Khanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 325, 307, 379, 427/34 of the Indian Penal Code.

Allegation against the petitioners is that they assaulted the son of the informant with sword causing head injury.

Patna High Court CR. MISC. No.79760 of 2019(5) dt.07-09-2020 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur in connection with Khanpur P.S. case No.115 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T