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Patna High CourtCR. MISC./57197/2018bail granted

Binay Kumar Mishra @ Binay Mishra @ Chhotu Mishra v. The State Of Bihar

2018-09-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57197 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Binay Kumar Mishra @ Binay Mishra @ Chhotu Mishra, Son of Rama Shankar Mishra, Resident of Village- Madhukarpur, P.S.- Dihara, DistrictRohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dinara P.S. Case No. 78 of 2018 registered for the offences punishable under sections 341, 323, 504, 506 of the Indian Penal Code and 27 of Arms Act.

The written report of the informant reveals that a panchayati was going on in which some altercation took place between the parties and petitioner is said to have opened fire which hit on the wall of the house of the informant. Admittedly, none has sustained any firearm injury nor any cartridge is said to have been recovered from the place

Patna High Court Cr.Misc. No.57197 of 2018 (2) dt.20-09-2018 2/2 of occurrence and petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Dinara P.S. Case No. 78 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U