Durgesh Mishra @ Durgesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38074 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Durgesh Mishra @ Durgesh Kumar Mishra SON OF SUDHIR MISHRA Resident of Village -Gopalpur P.S-. Kamtaul District -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Karn For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code and Section 27 of Arms Act. 3.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases but then all the cases have been instituted under the Excise Act. It is also submitted that it is well-known that once an accused is implicated in a case related to excise, thereafter the police implicates mechanically. It is next submitted that from perusal of allegation as alleged in the FIR, it would manifest that allegation of assaulting the informant on head by steel rod is against Chandan Yadav and thereafter it is alleged that when informant fell on the ground

Patna High Court CR. MISC. No.38074 of 2024(2) dt.08-07-2024 2/2 the petitioner and Pankaj wrapped towel around the neck of the informant and trying to strangulate him. It is further submitted that petitioner for ulterior reason has been implicated in the instant case with general and omnibus allegation of strangulation when specific allegation of assaulting on head by steel rod is against Chandan Yadav.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kamtaul P.S. Case No. 8 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T