Anand Mistri @ Anant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87097 of 2019 Arising Out of PS. Case No.-251 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.Anand Mistri @ Anant Kumar son of Pramod Mistri

2. Pramod Mistri son of Late Sajjan Mistri ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sour Bazar P.S. Case No. 251 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 447, 504, 506/34 of the Indian Penal Code. It is an admitted position that both the parties have lodged cases against each others for the occurrence of same day and from the aforesaid fact, it appears that free fight had taken place between the parties. However, petitioner is said to have assaulted Ashok Mistri by means of Farsa but the injury report of Ashok Mistri goes to show that injury was caused to Ashok Mistri by means of hard and blunt substance and, moreover, the

Patna High Court CR. MISC. No.87097 of 2019(2) dt.20-02-2020 2/2 injuries found on the person of Ashok Mistri were simple in nature. It is also informed on behalf of the petitioner that petitioner had too sustained grievous injury in the alleged occurrence and the prosecution party have already granted privilege of anticipatory bail by a co-ordinate Bench of this Court in counter case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four 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 the Chief Judicial Magistrate, Saharsa in Sour Bazar P.S. Case No. 251 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T