Praveen Kumar Mishra @ Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13498 of 2023 Arising Out of PS. Case No.-602 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Praveen Kumar Mishra @ Pravin Kumar Son of Sri Pramod Kumar Mishra R/V- Chandrabara, PS- Sikandarpur, Dist- Muzaffarpur at present R/o Mohalla- Anandbag Colony, Lakri Dhahi, P.S- Sikandarpur, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Muzaffarpur Town P.S. Case No. 602 of 2022 registered for the offences punishable under Sections 341, 323, 307, 353, 427 and 504, 212/34 of the Indian Penal Code (in short 'I.P.C.').

The allegation against this petitioner is of pelting stone causing injuries to police personnels and also to deter them to discharge their official functions while investigating Mohammadpur P.S. Case No. 208 of 2022.

Patna High Court CR. MISC. No.13498 of 2023(2) dt.23-05-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the allegation as regard to pelting stone to deter police personnels to discharge their official functions against petitioner is appearing very much general and omnibus, as per face of F.I.R. It is submitted that as victim of Mohammadpur P.S. Case No. 208 of 2022 recovered from the house of the father of this petitioner where petitioner was not accused even, to create pressure, petitioner implicated with present case without having any connecting evidence. It is submitted that the maximum allegation as appears against this petitioner as per face of F.I.R. is to run away from the place of occurrence without specifying any overt act. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances as mentioned above and by taking note of nature of allegation which appears very much general and omnibus being part of mob only, accordingly, the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks of this order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.13498 of 2023(2) dt.23-05-2023 3/3 each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned Court, where the case is pending in connection with Muzaffarpur Town P.S. Case No. 602 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T