Pramod Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29332 of 2019 Arising Out of PS. Case No.-234 Year-2016 Thana- JOKIHAT District- Araria ====================================================== Pramod Mistry, Son of Mahant Mistry, Resident of Village-High School Chowk, Jokihat, P.S-Jokihat, District-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Jokihat P.S. Case no. 234 of 2016, registered under Sections 147, 148, 149, 341, 323, 326, 307, 379, 427, 504 and 506 of the Indian Penal Code and Bihar Medical Service Institution and Persons Protection (Amendment) Act. The accusation is that 19 persons named in the F.I.R., including the petitioner, and some unknown miscreants entered in the hospital and ransacked the property of the hospital and also assaulted the Doctors and other staffs of the hospital.
Learned counsel for the petitioner submits that, although, the petitioner is named in the F.I.R. along with the
Patna High Court CR. MISC. No.29332 of 2019(3) dt.19-07-2019 2/2 others, but no specific overt act has been attributed against the petitioner. Moreover, similarly situated co-accused Shams Rabbani, Abu Saquib @ Juganu @ Jugan, Bittu have already been allowed privilege of pre-arrest bail by a co-ordinate Bench of this Court on 20.12.2016 vide Criminal Miscellaneous No. 42717 of 2016. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 234 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T