Ranjit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35222 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -BANIAPUR District- SARAN ====================================================== Ranjit Mishra, S/o Late Ramashankar Mishra, R/o village- Lulha Dhanaw, P.S. Baniyapur, District- Chapra.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Singh, Advocate. For the State : Mr. Dashrath Mehta, AP.P. For the Informant : Mr. K.K. Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 02-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with Baniyapur P.S. Case No.53 of 2016 registered under Sections 341, 323, 504 and 307/34 and, later on, added Section 302 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Saran at Chapra.

The accusation is that 7 persons, named in the F.I.R., including the petitioner variously armed reached at the house of the informant and started to abuse him. When the informant made protest, the petitioner assaulted the informant through Farsa on his head causing blood oozing injury to the informant. At that time,

Patna High Court Cr.Misc. No.35222 of 2016 (2) dt.02-09-2016 2/2 the other accused caused injury to Rameshwar Mishra, Chandraddeo Mishra, Bhagmani Devi, Krishna Devi and Ram Niwas Mishra, father, grand father, mother, grand mother and uncle of the informant respectively. Later on, Chandradeo Mishra, the grand father of the informant, died in course of treatment at P.M.C.H.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T