Manoj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19269 of 2016 Arising Out of PS.Case No. -271 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Manoj Mishra Son of Late Shiv Shankar Mishra, resident of VillageRaghwapur, Police, Station- Vaishali in the district of Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sushant Kumar For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Vaishali P.S.Case No. 271/2015, disclosing offences under sections 341, 323, 324, 307, 379, 447, 504, 506/34 of the Indian Penal Code and section 27 of the Arms Act.

The petitioner and the informant are agnates. It is evident from the First Information Report that an altercation had taken place between the two sides over the land dispute. Learned counsel for the petitioner has submitted that the allegation against the petitioner is of assaulting Mahesh Mishra with the butt of pistol. It is also alleged against him that he fired upon Mahesh Mishra but the bullet did not hit him. My attention has been drawn to an order of this Court dated 5.2.2016 passed in

Patna High Court Cr.Misc. No.19269 of 2016 (2) dt.17-05-2016 Cr.Misc.No. 4843/2016, whereby other accused persons have been granted anticipatory bail.

Considering the nature of accusation against the petitioner and the dispute between the parties, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Vaishali P.S.Case No. 271/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U