High Court Patna High Court - Orders

Nishant Kumar Mishra @ Nishant … vs The State Of Bihar on 16 August, 2011

Patna High Court – Orders
Nishant Kumar Mishra @ Nishant … vs The State Of Bihar on 16 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.24077 of 2011

            1.Nishant Kumar Mishra @ Nishant Kumar Mishra.
            2.Prashant Kumar Mishra @ Prashan Kumar Prabhat.
            Both Sons of Dhirendra Nath Mishra.
            Residents of Village Lilo Rukuntpur, P.S. Tisiauta, District Vaishali.
                                                                             ---------- Petitioners
                                          Versus
            The State Of Bihar
                                                                          -------- Opposite Party
                                         -----------

02/- 16/08/2011 Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

The two petitioners apprehend their arrest, in connection

with Tisiauta P.S. Case No. 14 of 2011 for the offences punishable

under Sections 307, 384, 380, 324, 323, 341, 448, 447/34 of the Indian

Penal Code, pending in the court of Chief Judicial Magistrate,

Vaishali at Hajipur, are named accused in this case with their father

(non-petitioner) with specific allegation of giving head injury upon the

informant by deadly weapons.

Submission is that as per allegation petitioners in spite

of having deadly fire arm weapons did not use the same rather simply

assisted their father by getting hold of hands of the informant.

Considering the facts and circumstances of the case, in

the event of their arrest/surrender before the court below within four

weeks, let the above named petitioners be enlarged on bail on

furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two

sureties of the like amount each to the satisfaction of Chief Judicial

Magistrate, Vaishali at Hajipur, in connection with Tisiauta P.S. Case

No. 14 of 2011, subject to condition laid down under Section 438(2)
2

of the Criminal Procedure Code with additional condition to remain

physically present before the court below on each and every date at

least for three years or till disposal of the case, whichever is earlier, in

case of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to be

cancelled.

Praveen/-                              ( Akhilesh Chandra, J.)