Raja Mishra @ Banaspati Mishra v. The State Of Bihar
Patna High Court Cr.Misc. No.17543 of 2018 (2) dt.06-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17543 of 2018 Arising Out of PS.Case No. -562 Year- 2017 Thana -BUXAR District- BUXAR ======================================================
1. Raja Mishra @ Banaspati Mishra Son of Sri Gupteshwar Mishra Resident of Village/ Mohallah- Bandhpar, Sarimpur(Niranjanpur, P.S. Industrial Area, District- Buxar), Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Pandey For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2018 Heard both sides.
The petitioner apprehends his arrest in Buxar (Town) P.S. Case No.562 of 2017 registered under Sections 147, 148, 149, 341, 323, 342, 353 of the Indian Penal Code and under Section 3 of the Prevention of Damage to Public Property Act, 1984. The Inspector of Police, informant alleged that on 09.09.2017, Gopal Dubey was shot dead by the miscreants and criminals but many villagers came and blocked the road. They were raising slogans against the police official and they also pushed the police officials.
The learned counsel for the petitioner submits that petitioner is also one of the named members of the mob but no
Patna High Court Cr.Misc. No.17543 of 2018 (2) dt.06-04-2018 specific allegation is made against the petitioner. Similarly situated other co-accused Omji Mishra and others have already been granted anticipatory bail vide order dated 17.01.2018 passed in Cr. Misc. No.2895 of 2018.
Considering the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned 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 learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No.562 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T