Ajay Mishra @ Ajay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39670 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- AGRER District- Rohtas ====================================================== Ajay Mishra @ Ajay Kumar Mishra, son of Ram Ji Mishra, Resident of Sisirit, P.S.- Nokha, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manan Kumar Mishra, Sr. Adv.

For the Opposite Party/s :

Mr. Manoj Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-06-2021 Heard Mr. Manan Kumar Mishra, the learned Senior Advocate for the petitioner and Mr. Manoj Kumar No. 1, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Agrer P.S. Case No. 39 of 2020, instituted for the offences under Sections 147, 148, 307, 323, 341, 354, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Mr. Mishra, learned Senior Advocate for the petitioner has drawn the attention of this Court to the fact that the accusation is against twenty five accused persons out of whom seventeen persons have been named in the

Patna High Court CR. MISC. No.39670 of 2020(2) dt.07-06-2021 2/3 F.I.R. It has further been submitted on behalf of the petitioner that there is a dispute over a plot of land, which led to scuffle between the parties staking their respective claims over the said plot of land.

However, the act of firing has been attributed to other accused persons and not the petitioner. The petitioner is only stated to be one of the members of the mob. The injury report of the sole injured person also does not inspire confidence as it has been issued by a private hospital, which is in the nature of a certificate. Regard being had to the facts afore-stated and taking into account the clean antecedent of the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram at Rohtas in connection with Agrer P.S. Case No. 39 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.39670 of 2020(2) dt.07-06-2021 3/3 The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T