IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.839 of 2007 MIRDUL KUMAR MISHRA & ANR Versus THE STATE OF BIHAR & ORS ----------- 7 29.1.2009 KHAN In the instant writ petition the petitioners pray for a direction to the respondent authorities not to take any coercive action and arrest them in connection with Complaint Case No.286C/2001 under sections 406, 408, 420, 467 and 468 of the Penal Code pending in the court of S.D.J.M., Khagaria on the basis of complaint filed by his own brother Mrigendra Nath Mishra. Learned counsel for the petitioners submits that petitioner no.1 is the son of petitioner no.2 and he was working in Hyderabad from 1992 to 2004 and thereafter he is working in Delhi. He further submits that the Civil Court, Khagaria was submerged in flood water and as such he has not been able to obtain certified copy of the complaint case and thus unable to move the Sessions court for anticipatory bail. However, subsequently the petitioners have filed supplementary affidavit stating that they have now obtained certified copy of the complaint case. He further submits that the case in which they are made an accused is purely of civil nature. Learned State counsel files a counter affidavit stating therein that the flood water has receded and the court is now functioning from its usual place. In the aforesaid circumstances, this writ petition is disposed of with an observation that the petitioners may file an appropriate application for bail before appropriate court at the earliest. (S.P.Singh,J) - 2 -