Prashant Kumar Mishra @Raja Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9560 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== Prashant Kumar Mishra @RAJA Mishra S/O Late Jog Narayan Mishra R/O Village- Ladari, P.S.- Kevati, Distt- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Keoti P.S. Case No. 335 of 2022 registered for the offences punishable under Sections 379, 384, 504, 506 and 34 of the Indian Penal Code pending in the Court of learned C.J.M., Darbhanga. As per the FIR, it is alleged that on 23.09.2022, the informant was closing his motorcycle agency shop. In the meantime, the petitioner along with 2-3 unknown persons came and abused the informant and snatched Rs. 20,000/- from his pocket and told that if he has to continue business then he has to pay Rs. 10 lacs as ransom otherwise he will be killed. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to political rivalry and

Patna High Court CR. MISC. No. 9560 of 2023(2) dt.20-04-2023 2/2 previous enmity, the informant misused police machinery and influences to register the present FIR on false pretext so that the present petitioner be removed out of the political equation and for undue gain in the local elections. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has got four criminal antecedents as mentioned in para-3 of the bail application. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is involved in the present case.

Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T