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.)