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2025 DAILYLAW 29670 (PAT)

Amit Mishra @ Amit Kumar Mishra v. The State of Bihar

CR. MISC./23671/2025 · 2025-05-05

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23671 of 2025 Arising Out of PS. Case No.-512 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== 1. Amit Mishra @ Amit Kumar Mishra S/O Dilip Mishra R/O Vill. and Post- Jhajhawa, P.S.- Daraunda, Dist.- Siwan. 2. Satendra Mishra S/O Laxman Mishra R/O Vill. and Post- Jhajhawa, P.S.- Daraunda, Dist.- Siwan. 3. Jabir @ Jabir Hussain S/O Md. Nizamuddin Ansari R/O Vill. and Post- Jhajhawa, P.S.- Daraunda, Dist.- Siwan. 4. Istamamul @ Istamamul Haque @ Istemamul @ Istemamul Haque S/O Aftabh Alam R/O Vill. and Post- Jhajhawa, P.S.- Daraunda, Dist.- Siwan. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Choubey, Advocate For the Opposite Party/s : Mrs. Asha Devi, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 05-05-2025 Heard Learned Counsel for the petitioners and Learned APP for the State. 2. The petitioners are apprehending arrest in connection with Daraunda P.S. Case No. 512 of 2024 lodged on 08.11.2024, for the offence punishable under Sections 126(2), 115(2), 305, 303(2), 329(3), 329(4), 109(1), 351(3), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution, FIR has been lodged against 10 named accused persons including the present petitioners against whom there is allegation that they have assaulted the Patna High Court CR. MISC. No.23671 of 2025(2) dt.05-05-2025 2/3 informant’s side by iron rod, lathi danda due to which injury has been caused. It has also been alleged in the FIR that accused persons snatched golden chains worth Rs.1,50,000/- and cash Rs. 70,000/- as well as jewellary worth Rs. 2,50,000/- from the informant’s side. 4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that from the contents of FIR, it become crystal clear that the informant and petitioners are families of full brothers and scuffling took place from both the sides which resulted into injury to both the sides. Counsel submits that for the same date and place of occurrence, there is case and counter case i.e. one case has been lodged from the petitioners’ side bearing Daraunda P.S. Case No. 511 of 2024 and the present case has been lodged from the informant’s side bearing Daraunda P.S. Case No. 512 of 2024. Counsel further submits that petitioners have no criminal antecedent. 5. Learned APP for the State opposes the prayer for bail of the petitioners but submits that petitioners have no criminal antecedent and there is case and counter case and scuffling took place from both the sides due to which injury has been caused. Patna High Court CR. MISC. No.23671 of 2025(2) dt.05-05-2025 3/3 6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 512 of 2024, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Divyansh/- (Dr. Anshuman, J) U T