Tuntun Mishra @ Ajay Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50146 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== TUNTUN MISHRA @ AJAY KUMAR MISHRA S/O Late Laxmikant Mishra @ Ganga Mishra R/O village - Panan Mahuawa, P.S. - Kateya, District - Gopalganj at present R/O Mohalla Sareya Ward No. 13, P.S. - Gopalganj, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr.Jitendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP For the Inforamtn :
Mr. Vikash Ratan Bharti, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2022 Heard learned Sr. counsel for the petitioner, Mr. Yogesh Chandra Verma, learned A.P.P. for the State, Mr. Sanjay Kumar Tiway and learned counsel for the informant, Mr. Vikash Ratan Bharti.
Learned counsel for the petitioner submits that admittedly from perusal of the allegation as alleged in the First Information Report, it would manifest that the petitioner is neither named in the First Information Report nor he is the main assailant. It is further submitted that his name transpired on the basis of the confessional statement of co-accused, namely, Munna Sha and Dhananjay Pandey. It is further submitted that since the petitioner is the brother of Munna Mishra, as such, he
Patna High Court CR. MISC. No.50146 of 2021(3) dt.28-02-2022 2/2 has been roped falsely in the present case and also because of his antecedents of seven cases out of which the petitioner was acquitted in two cases.
At this stage, learned Sr. counsel for the petitioner seeks permission to withdraw the present bail application. Permission is accorded with liberty to the petitioner to renew his prayer for bail after framing of charge. Accordingly, the application is dismissed as withdrawn.
(Satyavrat Verma, J) Jagdish/- U T