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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12160 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Raman Kumar Mishra @ Prashant Kumar Mishra, Son of Kundan Mishra R/o village- Raghunathpur, P.S- Ashok Paper Mill (Pator O.P), DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sagarika, Advocate.

For the Opposite Party/s :

Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ashok Paper Mill (Pator O.P.) P.S. Case No. 50 of 2018 dated 18.05.2018 instituted for the offences under Sections 307, 147, 148, 149, 341, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act.

An altercation is said to have taken place between the father of the petitioner and the informant. Later, it has been alleged in the FIR that Kundan Mishra who is the father of the petitioner, the petitioner and others came on several motorcycles and started firing. It is alleged that ten rounds of firing was made by the

Patna High Court CR. MISC. No.12160 of 2019(2) dt.28-02-2019 2/2 accused persons. Four empty cartridges are alleged to have been handed over to the local police.

Learned counsel for the petitioner has submitted that the empty cartridges were not recovered by the police; rather were picked up and handed over to the police by the informant. There is an admitted dispute over the adjoining land of a temple.

No body is alleged to have been injured in the occurrence.

Considering the aforestated facts and taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 5th Darbhanga in connection with Ashok Paper Mill (Pator O.P.) P.S. Case No. 50 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T