Rajiv Mishra @ Rajiv Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20242 of 2023 Arising Out of PS. Case No.-250 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== RAJIV MISHRA @ RAJIV KUMAR JHA S/o Late Divakant Mishra @ Sitaram Jha R/o Village- Maubehat, P.S.- Manigachi, Distt- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 354(B), 504 and 506 of the IPC. Allegedly, all the F.I.R. named accused persons including the petitioners came to the house of informant armed with weapons and raised hulla and threatened to lift the daughter of the informant. On alarm, they fled away and petitioner and his associates assaulted each other at Chowk. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.20242 of 2023(2) dt.27-06-2023 2/3 place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The alleged occurrence is said to have taken place on 31.10.2021 but the F.I.R. was lodged on 06.11.2021 i.e. after delay of more than 5 days and there is no explanation regarding the delay, which itself creates doubt about the prosecution case. It is further submitted that the present case is counter blast of Mangachi (Bajitpur O.P.) P.S. Case No.219/21, in which it was stated that one Abhishek Jha (co-accused of the present petitioner) was brutally assaulted by the informant's side and has died during treatment, for which, his father has filed a case against the informant's side of this case, vide Annexure-2 on 01.11.2021 and subsequently the present case has been filed by the informant's side. Petitioner has five criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.20242 of 2023(2) dt.27-06-2023 3/3 learned court below where the case is pending/Successor Court in connection with Bahera P.S. Case No.250/2021 (G.R. No.256/2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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