Vimal Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28358 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- SARAI District- Vaishali ====================================================== Vimal Mishra son of Late Sonelal Mishra Village- Mahmadabad Ps- SArai Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, A.P.P.
For the Informant :
Mr. Rajeev Ranjan No-II, Advocate Mrs. Kumari Rupa, Advocate Ms. Priyanka Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner seeks regular bail in connection with Sarai P. S. Case No. 286/2023 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 379, 504, 506 of the Indian Penal Code.
3. Prosecution case, in brief, is that on the alleged date and time of the occurrence, all the F.I.R. named accused persons including this petitioner came to the house of the informant and abused and assaulted him and his father as a result of which father of the informant sustained injuries and died during treatement.
Patna High Court CR. MISC. No.28358 of 2024(3) dt.21-06-2024 2/2
4. Learned counsel for the petitioner submits that specific accusation of assault is against co-accused Sumit Kumar. So far this petitioner is concerned, there is general and omnibus allegation. Both parties are own gotiyas and due to long standing land dispute between the parties, this false and concocted case has been lodged. There is no specific allegation of assault against the petitioner and he is in custody since 05.01.2024. Charge-sheet has already been submitted.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, the bail application is allowed. Let the above named petitioner 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 Additional Chief Judicial Magistrate16, Vaishali at Hajipur in connection with Sarai P. S. Case No. 286 of 2023.
(Prabhat Kumar Singh, J) Navya/- U T