Manoj Kumar Mishra @ Manoj Mishra @ Budhan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27987 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

MANOJ KUMAR MISHRA @ MANOJ MISHRA @ BUDHAN MISHRA S/o Late Ayodhya Prasad Mishra Resident of Tehsil Kahal Gaon, P.S.- Pirpaintti, District- Bhagalpur 2.

Kunj Bihari Mishra @ Bum Mishra S/o Vishwanath Mishra R/o villagePatal Khan, P.S.- Pirpaintti, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Anand For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 353, 186, 504, 506, 333/34 of the Indian Penal Code.

As per the prosecution case, while the informant was on duty at the border of Bihar-Jharkhand barrier, then a truck, bearing registration no. JH18B-9544, obstructed the path and when the informant asked the driver of said truck to clear the obstruction, it is alleged that other truck drivers, including this petitioner, came there and started abusing the police party and thereafter, thrashed two constables.

It is submitted on behalf of petitioners that petitioners,

Patna High Court CR. MISC. No.27987 of 2022(2) dt.22-09-2022 2/2 who are drivers, are named in the F.I.R. only on suspicion. There is no specific allegation of overt act against petitioners and only with a view to harass the petitioners, this false and concocted case has been lodged. Though, petitioner no. 1 has got clean antecedent, but petitioner no. 2 is accused in one case, in which, he is on bail.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XI, Bhagalpur in connection with Pirpaitti P.S. Case No. 62 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T