Dhananjay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24821 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- CHENARI District- Rohtas ====================================================== 1.

Dhananjay Mishra Son of Rajnath Mishra Resident of Village - Rewandi, Police Station - Chenari, District - Rohtas at Sasaram. 2.

Ranjan Mishra Son of Madan Mishra Resident of Village - Rewandi, Police Station - Chenari, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chenari P.S. Case No. 74 of 2020, registered under section 307 and other sections of the Indian Penal Code. As per allegation in the F.I.R., as per the self statement of the informant who is the SHO of Chenari, it is stated that information was received by him that members of two communities were throwing stones etc. on each other. The police personnel reached the spot and tried to pacify the matter. It is stated that in the scuffle the police personnel also sustained injuries.

It is submitted by learned counsel for the petitioners that a total of about 100 persons including the petitioners herein are named as accused in the F.I.R., while the F.I.R. has been

Patna High Court CR. MISC. No.24821 of 2020(2) dt.23-12-2020 2/2 registered also against 300 unknown persons. It is further submitted that the allegations are general and omnibus in nature and the case of the petitioners stand on a similar footing to that of other four F.I.R. named accused persons who have been enlarged on bail by order dated 6.10.2020 passed in Cr.Misc. No.24388 of 2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as also grant of bail to the co-accused, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Chenari P.S. Case No. 74 of 2020, they will be enlarged 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 Additional Chief Judicial MagistrateIV, Rohtas at Sasaram, subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Bibhash/- U T