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Patna High CourtCR. MISC./6185/2016bail granted

Shankar Mishra v. The State Of Bihar

2016-02-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6185 of 2016 Arising Out of PS.Case No. -247 Year- 2015 Thana -GOGRI District- KHAGARIA ======================================================

1. Shankar Mishra S/o Late Baijnath Mishra, R/o Gogari Brahman Tola, P.S.- Gogari, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that on 30.08.2015 the informant and his father were at their door, when accused persons including the petitioner came, abused and coaccused resorted to fire on the father of the informant, causing injury to him. It is further alleged that co-accused Sudama Mishra fired upon the informant and his brother. On alarm being raised, the nearby people came, then accused persons escaped from the scene.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.6185 of 2016 (2) dt.09-02-2016 petitioner that accusation is not specific against the petitioner and in the background of land dispute accusation has been levelled. The petitioner was simply a member of unlawful assembly. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Brajesh Kumar, J.M., Ist Class, Khagaria in connection with Gogari P.S. Case No. 247 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T