Arvind Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39914 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

RAM ASHISH MISHRA S/O SRI BHAVANAND MISHRA Resident of Village- Jaideo Patti, P.S.- Ghanshyampur, District- Darbhanga. 2.

MURARI MISHRA S/O SRI UDITNARAYAN MISHRA Resident of Village- Jaideo Patti, P.S.- Ghanshyampur, District- Darbhanga. 3.

VIKASH KUMAR MISHRA S/O SRI AMARKANT MISHRA Resident of Village- Jaideo Patti, P.S.- Ghanshyampur, District- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46565 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

ARVIND KUMAR MISHRA SON OF TIRPIT NARAYAN MISHRA R/O VILLAGE- JAIDEO PATTI, P.S.- GHANSHYAMPUR, DISTRICTDARBHANGA 2.

ASHOK KUMAR MISHRA SON OF TIRPIT NARAYAN MISHRA R/O VILLAGE- JAIDEO PATTI, P.S.- GHANSHYAMPUR, DISTRICTDARBHANGA 3.

PHOOL KUMAR MISHRA SON OF RAVIKANT MISHRA R/O VILLAGE- JAIDEO PATTI, P.S.- GHANSHYAMPUR, DISTRICTDARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 39914 of 2022) For the Petitioner/s :

Mr. Dudh Nath Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 46565 of 2022) For the Petitioner/s :

Mr. Dudh Nath Singh, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2/5 08-12-2022 CRIMINAL MISCELLANEOUS No.39914 of 2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 353, 427, 504, 506 and 34 of the Indian Penal Code. The informant alleges that for the post of Ward Secretary, two candidates namely Naveen and Ramashish were contesting and when Ramashish felt that he will loose in the election, he started creating nuisance and snatched the proceeding register and assaulted the Panchayat Secretary, further, the named accused persons including the petitioners also assaulted the government officials and abused and made informant sign on a blank paper and made video footage.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that on account of dispute relating to election, the present false case has been instituted, it is also submitted that it is just not possible that in presence of government officials, the informant would have been made to sign on a blank paper and the same would have been video recorded, it is also submitted that the allegation of assault is also general and omnibus in nature and the dispute is purely

3/5 political.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ghanshyampur P.S. Case No. 107 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

CRIMINAL MISCELLANEOUS No. 46565 of 2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 353, 427, 504, 506 and 34 of the Indian Penal Code. The informant alleges that for the post of Ward Secretary, two candidates namely Naveen and Ramashish were contesting and when Ramashish felt that he will loose in the election, he started creating nuisance and snatched the proceeding

4/5 register and assaulted the Panchayat Secretary, further, the named accused persons including the petitioners also assaulted the government officials and abused and made informant sign on a blank paper and made video footage.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that on account of dispute relating to election, the present false case has been instituted, it is also submitted that it is just not possible that in presence of government officials, the informant would have been made to sign on a blank paper and the same would have been video recorded, it is also submitted that the allegation of assault is also general and omnibus in nature and the dispute is purely political.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is

5/5 pending/successor court in connection with Ghanshyampur P.S. Case No. 107 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T