Ashok Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17417 of 2017 Arising Out of PS.Case No. -240 Year- 2016 Thana -PATNA CITY CHOWK District- PATNA ====================================================== Ashok Mishra, Son of Late Rajendra Mishra, resident of Mohalla Chah Kalyan, P.S. Chowk, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satya Narayan Prasad, Adv. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2017 Heard both sides.

The petitioner apprehends his arrest in Chowk P.S. Case No. 240/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. While the informant and other officers were trying to get encroachment removed, the pujari of temple namely, Kamlesh Mishra and other 13 named accused including the petitioner Ashok Mishra and 500 unknown persons objected and attacked on the government officials and police personnel. They started pelting stones.

Learned counsel for the petitioner submits that the temple is situated on the land of Kamlesh Mishra. Similarly situated accused persons namely, Sunita Devi, Kamlesh Mishra,

Patna High Court Cr.Misc. No.17417 of 2017 (2) dt.11-05-2017 2/2 Nitish Mishra and Devanand Mahto have already been granted anticipatory bail vide order passed in Cr. Misc. 14496/2017 and Cr. Misc. 14523/2017. The case of the petitioner stands on the same footing.

Considering the facts aforesaid and the fact that similarly situated co-accused have already been enlarged on anticipatory bail by a coordinate bench of this court, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Patna City in connection with Chowk P.S. Case No. 240/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T