Dhananjay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14436 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Dhananjay Mishra, son of late Lalan Mishra, r/o village Tarwan, P.S. Manjhagarh, Distt. Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Manjhagarh P.S. Case No. 69 of 2016 instituted for the offence under Sections 447, 504, 307, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that this petitioner along with Amit Thakur came on Motorcycle at the door of the informant where he and his son were seated, told them to caste vote in favour of their candidate and when the informant raised objection, the petitioner fired causing injury on his right shoulder.

The neighbour of the informant Sunil Mishra came to save him then this petitioner again fired causing injury to the son of the informant Uday Mishra on his right temple and forehead. Sunil Mishra also sustained firearm injury on several parts of the body.

Patna High Court Cr.Misc. No.14436 of 2017 (5) dt.10-07-2017 2/3 them, then Amit Thakur fired on him after taking gun from the hands of the petitioner on account of which Ravi Kumar Sharma sustained injury.

Learned counsel for the petitioner has submitted that Amit Thakur has already been granted bail by a coordinate Bench of this Court vide order dated 12.4.2017 passed in Cr. Misc. 16517 of 2017. It has further been submitted that now the matter has been compromised between the parties.

Case diary has been received.

Learned A.P.P. has pointed out that witnesses in several paragraphs of the case diary have supported the allegation against the petitioner. The injury report of the three injured is available in the case diary which shows that they have sustained injury on vital parts of the body.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. The court below is directed to expedite the trial and make efforts to conclude the same within a period of six months because the petitioner is in custody since 10.11.2016. Petitioner is given liberty to renew his prayer for bail in the court below itself after six months if trial is not concluded

Patna High Court Cr.Misc. No.14436 of 2017 (5) dt.10-07-2017 3/3 within six months. The court below will give reason in the bail order for not concluding the trial within aforesaid period. (Sanjay Priya, J) S.Ali/- U T