Pankaj Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18138 of 2021 Arising Out of PS. Case No.-782 Year-2018 Thana- DANAPUR District- Patna ====================================================== 1.
Pankaj Mishra Son Of Manoj Mishra Resident Of Village- Ashopur, Near Shiv Mandir, P.S. Danapur, Distt.- Patna 2.
Daloo Pandit @ Illu Pandit @ Dabloo Pandit @ Aditya Raj Son Of Upadhayay Shukla @ Vijay Upadhayay Resident Of Village- Ashopur, Near Shiv Mandir, P.S. Danapur, Distt.- Patna 3.
Ashish Mishra Son Of Manoj Mishra Resident Of Village- Ashopur, Near Shiv Mandir, P.S. Danapur, Distt.- Patna.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prabodh Thakur, Advocate For the Opposite Party/s :
Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 379,
Patna High Court CR. MISC. No.18138 of 2021(2) dt.10-02-2022 2/3 324, 308 of the Indian Penal Code.
The prosecution allegation, in short, is that the accused persons assaulted the informant due to which he sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. There was enmity of informant's side with the neighbour of the petitioner and for the said reason, the petitioners have been dragged in the present case. The petitioners used to support their neighbour. The nature of injury is said to be simple. Hence, no offence under section 308 IPC is made out.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact
Patna High Court CR. MISC. No.18138 of 2021(2) dt.10-02-2022 3/3 that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M.- I, Danapur in connection with Danapur P.S. Case No. 782 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T