Krishna Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41911 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -KATEYA District- GOPALGANJ ====================================================== Krishna Mishra, S/o Nagendra Mishra, R/o Village Semaria, P.S.- Kateya, District- Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kateya P.S.Case No. 126 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 452, 427, 504 and 379 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that no occurrence as alleged in the FIR ever took place. He has submitted that actual fact is that when the petitioner was going to his Bathan on 16.05.2017 at 9.00 a.m. from his house and when he reached near the hjouse of Sipahi Mishra @ Satish Mishra, Sandip Patel, Sipahi Mishra, Puran Patel, Dipak Patel and Sachin Patel surrounded him and Sipahi Mishra caught hold and Sandip Patel gave a knife blow which hit him on his chest.

Patna High Court Cr.Misc. No.41911 of 2017 (2) dt.21-09-2017 2/2 Thereafter, the villagers took him to Referral Hospital, Kateya where after treatment the doctor referred him to Gorakhpur for better treatment and he was undergoing treatment in Hope Hospital. It is submitted that the present FIR has been instituted only in retaliation to the aforesaid Kateya P.S.Case No. 123 of 2017 to save the skin of Sandip Patel, who is son of the informant. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest of surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XV, Gopalganj in connection with Kateya P.S.Case No. 126 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T