Awadesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24637 of 2021 Arising Out of PS. Case No.-8 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== AWADESH MISHRA Son of Late Nagina Mishra Resident of Village - Mathiya Hata, Mathiya Khas, P.S.- Kuchaikote, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 332, 333, 353, 307, 427, 436 of the Indian Penal Code and 27 of the Arms Act. Allegedly, in the backdrop of land dispute, firing was made in which two persons sustained injuries. When the police personnel reached at the place of occurrence, so many people assembled there and chaos was created. Straw was also set fire. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.24637 of 2021(2) dt.02-12-2021 2/2 petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Stone pelting is alleged to have taken place. The petitioner is said to be one of the members of the mob. As per allegation made in the FIR, altogether 17 named persons including 250 unknown persons have beeen made accused in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.-VIIth, Gopalganj in connection with Kuchaikote P.S. Case No. 08 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T