Prabhat Kumar Mishra @ Akki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25798 of 2023 Arising Out of PS. Case No.-732 Year-2020 Thana- MAHUA District- Vaishali ====================================================== PRABHAT KUMAR MISHRA @ AKKI S/o Jagdish Mishra R/o VillageGaddopur, P.S.-Mahua, District-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi For the Opposite Party/s :
Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 341, 324 & 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner in association of other co-accused is said to have assaulted the brother of the informant by resorting firing.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. Petitioner is not named in the F.I.R. He has been made accused in this case on the confessional statement of co-accused, Amrendra Kumar.
Patna High Court CR. MISC. No.25798 of 2023(2) dt.12-07-2023 2/2 The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against co-accused, Arun Kumar, Prajan Kumar, Sives Kumar and Aakash Kumar. Petitioner has two criminal antecedents as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case as well as the fact that the allegation against the petitioner is general and omnibus in nature, 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 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 Mahua P.S. Case No. 732 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T