Ranjan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19152 of 2023 Arising Out of PS. Case No.-883 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== 1.

RANJAN MISHRA SON OF SURENDRA MISHRA R/O VILLAGEDHEVANI, P.S.- BRAHMPUR, DISTRICT- BUXAR 2.

SHAILENDRA MISHRA SON OF RAM CHANDRA MISHRA R/O VILLAGE- DHEVANI, P.S.- BRAHMPUR, DISTRICT- BUXAR 3.

PANKAJ MISHRA SON OF LATE RAM KUMAR MISHRA R/O VILLAGE- DHEVANI, P.S.- BRAHMPUR, DISTRICT- BUXAR 4.

DHIRAJ MISHRA @ CHHOTU MISHRA @ DHIRAJ KUMAR MISHRA SON OF LATE RAM KUMAR MISHRA R/O VILLAGE- DHEVANI, P.S.- BRAHMPUR, DISTRICT- BUXAR 5.

RAHUL MISHRA SON OF SHAILENDRA MISHRA R/O VILLAGEDHEVANI, P.S.- BRAHMPUR, DISTRICT- BUXAR 6.

SHIVAM MISHRA SON OF JITENDRA MISHRA R/O VILLAGEDHEVANI, P.S.- BRAHMPUR, DISTRICT- BUXAR ... ... Petitioners.

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354A, 379 & 504 of the Indian Penal Code.

While the informant was in her house, all the F.I.R. named accused including these petitioners armed with rod,

Patna High Court CR. MISC. No.19152 of 2023(3) dt.23-06-2023 2/3 Kulhari, sword and illegal weapons are said to have entered into her house assaulted and abused her and her family members. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both sides have filed cases against each other. It is further submitted that the injury sustained by the victim are simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case as, let the above named petitioner no.4, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Brahmpur P.S. Case No. 883 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.19152 of 2023(3) dt.23-06-2023 3/3 Considering the facts and circumstances of case as, I am not inclined to enlarge petitioner nos.1, 2, 3, 5 & 6 on anticipatory bail. The prayer for anticipatory bail of petitioner nos.1, 2, 3, 5 & 6 is hereby rejected.

However, if petitioner nos.1, 2, 3, 5 & 6 surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T