Patna High CourtCR. MISC./43286/2022partly allowed disposal

Om Narayan Mishra v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43286 of 2022 Arising Out of PS. Case No.-231 Year-2021 Thana- DINARA District- Rohtas ====================================================== 1.

Om Narayan Mishra Son Of Ramakant Mishra Resident Of VillageMadhukarpur, P.S- Dinara Dist- Rohtas 2.

Tarun Mishra @ Tarun Kumar Mishra Son Of Guddu Mishra Resident Of Village- Madhukarpur, P.S- Dinara Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for bail of petitioner no.2.

Permission is accorded.

Accordingly, the prayer for bail of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 and learned APP for the State.

The petitioner no.1 is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 448, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.43286 of 2022(2) dt.09-12-2022 2/2 Allegedly, it is a case of opening fire but it did not hit to anyone.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is case and counter case between the parties and both parties have sustained injuries, as alleged, in separate occurrence.

Considering the aforesaid submissions, let the petitioner, namely, Om Narayan Mishra, in the event of his arrest or surrender before the court below within a period of four 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 ACJM-I, Rohtas at Sasaram in connection with Dinara P.S. Case No. 231 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T