Allowed

Nath Sharan Mishra v. The State of Bihar

Patna HC23 Aug 2023CR. MISC./53860/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioners in a criminal case alleging assault and snatching. The court directed the release upon arrest/surrender within six weeks, subject to conditions under Sec. 438(2) CrPC and furnishing bail bonds with sureties.

What did the court decide?

Anticipatory bail granted subject to arrest/surrender within six weeks, bail bonds of Rs. 10,000 each with two sureties, and conditions under Sec. 438(2) CrPC.

Nath Sharan Mishra Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53860 of 2023

¶2

Arising Out of PS. Case No.-356 Year-2022 Thana- RIVILGANJ District- Saran

¶3

======================================================

¶4

1.Nath Sharan Mishra, aged about 70 years, Male, S/o Late Jagarnath Mishra,

¶5

2.Vinay Kumar Mishra, aged about 48 years, Male,

¶6

3.Dinesh Mishra, aged about 42 years, Male both sons of Nath Sharan Mishra

¶7

All resident of Village-Godana Braham Toli, P.S.-Revealganj, District-Saran.

¶8

... ... Petitioners

¶9

Versus

¶10

The State of Bihar,

¶11

Guriya Devi, aged about 40 years, Female, W/o Rajesh Mishra, R/o Village- Godna Brahm Toli, P.S- Revealganj, Distt.- Saran.

¶12

... ... Opposite Parties

¶13

======================================================

¶14

Appearance :

¶15

For the Petitioners : Mr. Subodh Kumar Sinha, Advocate For the Opposite Parties : Mr. Shailendra Kumar, A.P.P. ======================================================

¶16

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

¶17

2 23-08-2023

¶18

Heard learned counsel for the petitioners and learned

¶19

A.P.P. for the State.

¶20

The petitioners apprehend arrest in connection with Revealganj P.S. Case No. 356 of 2022 dated 21.10.2022, instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 & 34 of the Indian Penal Code.

¶21

The prosecution’s case, in short, is that on 20.10.2022 at about 06:00 am, all named accused persons including the petitioners came to the informant’s house with lathi , rod, sword and hockey stick and assaulted the informant

¶22

Patna High Court CR. MISC. No.53860 of 2023(2) dt.23-08-2023 2/3

¶23

and her father-in-law. It is further alleged that petitioner no. 3 snatched Mangalsutra from her neck.

¶24

Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. The entire allegations levelled against the petitioners are false and concocted. It is further submitted that there is a case and counter case and both sides sustained injuries. The injury report does not corroborate the allegation levelled against the petitioners. Further, it is submitted that both parties are agnates. Lastly, it has been submitted that the petitioner no. 1 has no criminal antecedents whereas petitioner nos. 2 & 3 have one criminal case against them.

¶25

Learned A.P.P. has opposed the prayer for bail of the petitioners.

¶26

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Revealganj P.S. Case No. 356 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra, Saran, subject to

¶27

Patna High Court CR. MISC. No.53860 of 2023(2) dt.23-08-2023 3/3

¶28

conditions as laid down under Section 438(2) of the Criminal

Procedure Code.

(Khatim Reza, J)

Gaurav Kumar/-

U T

Nath Sharan Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nath Sharan Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manmati Devi Vs Shanti Kumari and Ors.

Chanda Devi Vs Union Of India, Through The General Manager, West Central Railway, Jabalpur

Cholamandalam Ms General Insurance Company Limited, Vs Khushabu Devi

Mantu Ram Vs The State of Bihar

Madhu Kumari Vs The State of Bihar

Umar Farukh Vs The State of Bihar