Patna High CourtCR. MISC./34298/2024bail rejected

Atul Mishra v. The State Of Bihar

2024-07-12Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34298 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- JALE District- Darbhanga ====================================================== ATUL MISHRA S/O PRAVESH MISHRA @ RAVIRANJAN MISHRA R/O BIHARI, WARD NO.-04, P.S- JALE, DISTT- DARBHANGA, BIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajkumar Rajesh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jale P.S. Case No. 50 of 2023 lodged on 29.04.2023 for offences punishable under Section 302, 307, 34 of the Indian Penal Code.

3. As per the prosecution story F.I.R has been lodged against four named accused persons including the petitioner with an allegation that they had given knife blow to the informant's son due to which he died during the treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner's name has been figured in this case only and only due to dirty village politics. He further submits

Patna High Court CR. MISC. No.34298 of 2024(3) dt.12-07-2024 2/2 that petitioner has no antecedent.

5. Learned APP for the State opposes the prayer for bail .

6. As such, considering the aforesaid facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within four weeks from today and prays for regular bail, Trial Court shall consider the bail application of the petitioner on the same day on merit without being prejudiced of the present order.

(Dr. Anshuman, J) Sunnykr/- U