Rajesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34192 of 2020 Arising Out of PS. Case No.-479 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== RAJESH MISHRA Son of Late Upendra Mishra Resident of Village - Pali, P.S. - Benipatti, District - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vinod Sah Son of Late Sukhdev Sah Resident of Village - Pali (North), P.S. - Benipatti, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the application in course of the day.

The petitioner is apprehending his arrest in a case registered under Sections 395, 307, 120(B) and 384 of the Indian Penal Code of the Indian Penal Code.

Prosecution allegation, in short, is that the accused

Patna High Court CR. MISC. No.34192 of 2020(2) dt.08-03-2021 2/3 persons committed loot in the shop of the complainant.. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The present prosecution has been initiated on the basis of Complaint Case. After inquiry, the Court below has found the case to be true under section 384 of the Indian Penal Code. As far as allegation of assault is concerned, the same has been found to be false. It has been submitted on behalf of the petitioner that due to previous enmity, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -Benipatti, in connection with C.R. No. 479/2019 corresponding to T.R. No. 435/2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.34192 of 2020(2) dt.08-03-2021 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T