Arbind Mishra @ Arbind Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23723 of 2017 Arising Out of PS.Case No. -470 Year- 2012 Thana -SAKRA District- MUZAFFARPUR ====================================================== Arbind Mishra @ Arbind Kumar Mishra, Son of Ram Naresh Mishra R/o Village- Jagdishpur Baghnagri, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jyotsna Rani Mishra For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sakra P.S. Case no. 470 of 2012, registered under Sections 147, 148, 149, 341, 342, 332, 333, 283, 337, 307, 504 and 506 of the Indian Penal Code.
The accusation is that in course of patrolling duty, the informant and other Police personnel reached near Ship Chowk, where they saw that 200-300 people were standing over the road and they blocked the road. Thereafter, on seeing the Police personnel, the mob became violent and started raising slogans against the Police, while informant and other tried to pacify the matter, then the mob stated that why Sakra P.S. Case No. 469 of 2012 has been registered and they started to call senior officer on which Police Inspector, Circle Sakra,
Patna High Court Cr.Misc. No.23723 of 2017 (3) dt.25-08-2017 2/2 ASI L.K. Paswan started talking to Mukhiya of Jagdishpur Baghnagri and other public representatives. At that time, out of the mob some who had armed with lathi in their hand caused injury to ASI L.K. Paswan. The informant identified petitioner, Manish Mishra and Vot Mishra and others by face out of mob.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that out of the mob of 200-300 persons, the petitioner and other two persons were identified, but no specific overt act has been attributed against the petitioner. Moreover, the injuries found on the person of L.K. Paswan are simple in nature. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-cum-Sub-Judge, Muzaffarpur in connection with Sakra P.S. Case No. 470 of 2012, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T