Patna High CourtCR. MISC./12423/2020partly allowed disposal

Manoj Mishra @ Manoj Kumar Mishra v. The State Of Bihar

2020-07-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12423 of 2020 Arising Out of PS. Case No.-190 Year-2019 Thana- DURAULI District- Siwan ====================================================== 1.

Manoj Mishra @ Manoj Kumar Mishra S/o Kuber Mishra Resident of Village-Dumrahaar Khurd, P.S.-Darauli, District-Siwan. 2.

Randhir Mishra @ Randhir Kumar Mishra S/o Kuber Mishra Resident of Village-Dumrahaar Khurd, P.S.-Darauli, District-Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-07-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. The petitioners have filed the present application for grant of pre-arrest bail in connection with Darauli P.S. Case No. 190 of 2019 registered for the offence punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that during pendency of the present application, petitioner no. 1 Manoj Mishra @ Manoj Kumar Mishra has already been arrested.

In view of the submission made above, the application for grant of pre-arrest bail to the petitioner no. 1 is disposed of

Patna High Court CR. MISC. No.12423 of 2020(2) dt.03-07-2020 2/2 as infructuous.

So far as the petitioner no. 2 Randhir Mishra @ Randhir Kumar Mishra is concerned, there is omnibus allegation against him that he also assaulted the informant and his daughter. Since the injuries sustained by the informant are simple in nature and the specific overt act with farsa on the head of the daughter of the informant is against petitioner no. 1, petitioner no. 2, who is said to be a young boy having no criminal antecedent, is directed to be released on bail in the event of his arrest or surrender before the court below, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-3rd, Siwan in connection with Darauli P.S. Case No. 190 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Ashwani Kumar Singh, J) rohit/- U T