Ratnesh Mishra @ Nanhku Mishra @ Ratnesh Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37029 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Ratnesh Mishra @ Nanhku Mishra @ Ratnesh Kumar Mishra Son of Jagadish Mishra Resident of Village- Dube Jigna Dighwa, P.S- Bhore, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepankar Raj For the Informant :
Mr. Adesh Raj For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Bhore P.S. Case No. 559 of 2023 dated 13.11.2023 registered for the offence/s punishable u/s 307/34 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the coaccused persons along with 10-12 unknown miscreants holding rifle and pistol are alleged to have come and started firing indiscriminately, meanwhile, the co-accused Bittu Mishra armed with rifle fired which hit the leg of Markandey Mishra.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession
Patna High Court CR. MISC. No.37029 of 2024(5) dt.30-08-2024 2/2 of the petitioner. The injured sustained fire arm injury on the nonvital part of the body. There is general and omnibus allegation against the petitioner. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 22.05.2024 passed in Cr. Misc. No. 31190 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition.
5. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Bhore P.S. Case No. 559 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T